Section 115BBE of the Income Tax Act

Income-tax Act, 2025: s.195

Section 115BBE of the Income-tax Act, 1961 corresponds to section 195 (T ax on income referred to in sections 102 to 106) of the Income-tax Act, 2025.

Read section 195 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 115BBE is CIT v. Vegetable Products Ltd. (88 ITR 192), cited in 2,664 of the 8,662 judgments on BharatTax that turn on this section.

Leading authorities on Section 115BBE

CIT v. Vegetable Products Ltd.
88 ITR 192 · 1973 · Supreme Court
2,664
citing judgments

When two equally plausible interpretations of a taxing provision are possible, or when conflicting views exist from non-jurisdictional High Courts, the interpretation that favors the assessee must be adopted.

Sumati Dayal v. CIT
214 ITR 801 · 1995 · Supreme Court
1,967
citing judgments

The Revenue is entitled to look behind the apparent form of a transaction to discover its true nature, applying the test of human probabilities and surrounding circumstances. If transactions defy logic or are unnatural, they can be treated as bogus, even if supported by some documentation, especially in cases of cash credits or unexplained investments.

CIT v. Durga Prasad More
82 ITR 540 · 1971 · Supreme Court
1,579
citing judgments

Tax authorities must judge evidence using the test of human probabilities and consider the apparent as real until there are reasons to believe it is not. They can rely on circumstantial evidence and the preponderance of probabilities to determine the genuineness of transactions.

CIT v. Vatika Township Pvt. Ltd.
367 ITR 466 · 2014 · Supreme Court
1,558
citing judgments

Taxing statutes are presumed to operate prospectively unless a clear contrary intention for retrospective application is evident. The law applicable for determining tax liability is that which stands on the first day of the assessment year, following the principle that law looks forward, not backward (lex prospicit non respicit).

Dhakeshwari Cotton Mills Ltd. v. CIT
26 ITR 775 · 1954 · Supreme Court
1,061
citing judgments

Corroborative evidence is essential to support evidence found on third-party premises, and an assessment cannot be based on suspicion, surmises, or conjecture.

K.P. Varghese v. ITO
131 ITR 597 · 1981 · Supreme Court
989
citing judgments

An addition to income cannot be made merely on the basis of a difference in valuation of assets or a Valuation Officer's report without establishing actual understatement of consideration or the source of unexplained funds through proper enquiry. The Assessing Officer must conduct proper enquiry and satisfy the conditions for making such additions.

Kale Khan Mohammad Hanif v. CIT
50 ITR 1 · 1963 · Supreme Court
581
citing judgments

The assessee bears the onus of proving the source and nature of any sum of money or receipt found to have been received by them. If the assessee fails to satisfactorily explain the receipt, the Income-tax Officer is entitled to treat it as taxable income.

ACIT v. Serajuddin & Co.
454 ITR 312 · 2023 · High Court
580
citing judgments

Approval under Section 153D of the Income Tax Act is mandatory for assessment orders in search cases. While elaborate reasons for approval are not required, the approving authority must provide some indication that it has examined the draft orders and found them to meet the requirements of law.

Lalchand Bhagat Ambica Ram v. CIT
37 ITR 288 · 1959 · Supreme Court
570
citing judgments

Where an assessee maintains regular books of account, and these books are not rejected or found defective by the Assessing Officer, any cash deposits or available cash shown in the cash book, if sufficient to cover the transaction, cannot be treated as unexplained income or an addition under sections 68 or 69A.

Gee Vee Enterprises v. Addl. CIT
99 ITR 375 · 1975 · High Court
543
citing judgments

An assessment order is erroneous and prejudicial to the interest of revenue if the Assessing Officer fails to make proper inquiries before accepting the assessee's statements or claims. The Commissioner can revise such an order under Section 263 without conducting further inquiries himself.

Judgments on Section 115BBE

Suman Verma, Lucknow vs. ITO-2(1), Lucknow-New, Lucknow

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 563/LKW/2024[2015-16]Status: DisposedITAT Lucknow06 Apr 2026AY 2015-16

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2015-16 Suman Verma, Vs. Ito-2(1), 424, Samesi Anshik Mohanlalganj, Lucknow-New Lucknow, U.P. Pan: Anfpv3733M (Appellant) (Respondent) Assessee By: None Revenue By: Sh. Amit Kumar, Dr Date Of Hearing: 17.03.2026 Date Of Pronouncement: 6.04.2026 O R D E R Per Nikhil Choudhary, A.M. This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Dismissing The Appeal Of The Assessee That She Had Filed Against The Orders Of The Assessing Officer Under Section 147 R.W.S. 144(4) For The Assessment Year 2015-16. The Grounds Of Appeal Are As Under:- “1. Because On The Facts & The Circumstances Of The Case, The Commissioner Of Income Tax (Appeals) Has Erred In The Fact & Law That The Entries Mentioned In The Order Under Section 148A(D) Of The Act, Of Rs. 95,41,537/- Two Times Are The Repeat Entries As The Bank Statement Was Available With A.O. During The Assessment Proceedings. 2. Because On The Facts & In The Circumstances Of The Case The Ld. Commissioner Of Income Tax (Appeals) Has Ignored The Fact That From The Proceedings Initiated Under Section 148A(D) Of The Income Tax Act, Till The Disposal Of The First Appeal, The Appellant Due To Unawareness Of Her Legal Obligations Could File Any Of Her Explanations/ Submissions At Any Stage Of The Scrutiny Or Appellate Proceedings & Did Not Get Proper Opportunity Of Being Heard. 3. Because On The Facts & In The Circumstances Of The Case The Ld. Commissioner Of Income Tax (Appeals) Has Also Totally Ignored The Fact That There Was No Cash Deposit During The Year In Question & Only Interest On Term Deposits Was Earned During The Year In Question, Which Is Also Reflecting In Form 26As.

For Appellant: NoneFor Respondent: Sh. Amit Kumar, DR
Section 115BSection 133(6)Section 142(1)Section 144Section 147Section 148Section 148ASection 69A

Rakesh Goyal, Panchkula vs. Income Tax Officer, Ward-3, Panchkula

The appeal stand allowed

ITA 796/CHANDI/2025[2017-18]Status: DisposedITAT Chandigarh06 Apr 2026AY 2017-18

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./ Ita No.796/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2017-18) Shri Rakesh Goyal Income Tax Officer H. No.1306, Sector-21 बनाम/ Vs. Ward-3, Panchkula Panchkula – 134109 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Acjpg-5950-E (अपीलाथ"/Appellant) : (""थ" / Respondent) Assessee By : Sh. Jaspal Sharma (Advocate) – Ld. Ar Revenue By : Dr. Ranjit Kaur (Addl. Cit) - Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 30-03-2026 घोषणाकीतारीख /Date Of Pronouncement : 06-04-2026 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2017-18 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 14-05-2025 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 147 Of The Act On 28-09-2021. The Sole Grievance Of The Assessee Is Confirmation Of Addition Of Cash Deposits During Demonetization Period For Rs.39.45 Lacs. Having Heard Rival Submissions & Upon Perusal Of Case Records, Our Adjudication Would Be As Under.

For Appellant: Sh. Jaspal Sharma (Advocate) – Ld. ARFor Respondent: Dr. Ranjit Kaur (Addl. CIT) - Ld. Sr. DR
Section 147Section 69A

Randhir Singh, Punjab vs. DCIT/ACIT(Cen)-1 Chd, Chandigarh

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1255/CHANDI/2025[2017-18]Status: DisposedITAT Chandigarh06 Apr 2026AY 2017-18

Bench: Shri Laliet Kumar & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 1255/Chd/ 2025 िनधा"रण वष" / Assessment Year : 2017-18 Randhir Singh, Vesus The Dcit / Acit Plot No. 2584, Sec. 69, Cent)-1, Urban Estate, Chandigarh Mohali "ायी लेखा सं./Pan No: Azdps5574K अपीलाथ"/Appellant ""थ"/Respondent िनधा"रती की ओर से/Assessee By : Sh. Parikshit Aggarwal, Ca राज" की ओर से/ Revenue By : Dr. Ranjit Kaur, Addl. Cit Dr सुनवाई की तारीख/Date Of Hearing : 25.03.2026 उदघोषणा की तारीख/Date Of Pronouncement : 06. 04.2026 आदेश/Order Per Laliet Kumar, J.M: This Appeal Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-3, Gurgaon, Dated 31.07.2025, Passed Under Section 250(6) Of The Income Tax Act, 1961, For The Assessment Year 2017–18. 2. Briefly Stated, The Facts Of The Case, As Emanating From The Assessment Order & The Record, Are That The Assessment In The Present Case Was Completed Under Section 144 Of The Act. The Assessing Officer, On The Basis Of Information Received Under ‘Operation Clean Money’, Noticed That The Assessee Had Made Substantial Cash Deposits In His Bank Accounts During The Year Under Consideration. The Assessee Did Not Comply With The 2 1255-Chd-2025 Statutory Notices Issued From Time To Time & Failed To Furnish The Return Of Income As Well As Any Explanation Regarding The Nature & Source Of The Cash Deposits.

For Appellant: Sh. Parikshit Aggarwal, CAFor Respondent: Dr. Ranjit Kaur, Addl. CIT DR
Section 115BSection 133(6)Section 144Section 250(6)Section 69Section 69A