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

Ranjeet Singh, Lucknow vs. D/ACIT-4, Lucknow

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

ITA 331/LKW/2024[2017-18]Status: DisposedITAT Lucknow16 Oct 2025AY 2017-18

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2017-18 Ranjeet Singh, Vs. The Dcit / Acit-4, 459, Ameer Nagar, Aishbagh, Lucknow-226001 Lucknow-226004 Pan: Afsps0877G (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Advocate Revenue By: Sh. Amit Kumar, Dr Date Of Hearing: 23.07.2025 Date Of Pronouncement: 16.10.2025 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 Dated 22.03.2024, Wherein The Ld. Cit(A) Has Dismissed The Appeals Of The Assessee Against The Orders Of The Ld. Assessing Officer Passed On 21.12.2019. The Grounds Of Appeal Are As Under: - “01. Because The Cit(A) Has Erred On Facts & In Law In Upholding An Addition Of Rs.31,90,000/- Being Cash Deposited In Bank During Demonetization Period As Unexplained, The Same Is Contrary To Facts, Bad In Law, Be Deleted. 02. Because The Entire Cash Deposited In Bank Is Part Of The Sale Proceeds & Realization Of Debts, The Addition Made Is Purely On Suspicions & Surmises, Such Addition Is Contrary To Facts, Bad In Law, Be Deleted. 03. Because There Being No Change In The Method Of Accounting Regularly Followed By The Assessee & The Same Having Being Consistently Accepted, The Books Of Account Having Not Been Rejected, The Stock Tally Not Disputed, The Accounts Being Tax Audited, There Was No Reason For The Ao To Disbelieve The Cash Deposited In The Bank Treating The Same As Unexplained, The Addition Of Rs.31,90,000/- Upheld By The Cit(A) Be Deleted. 04. Because The Amount Of Rs.31,90,000/- Being Cash Deposited In Bank Being Part Of Sale Proceeds & Cash Receipts Already Charged To Revenue For The Purposes Of Computation Of Income, Separate Addition Of The Same Has Resulted Into Double Taxation, Not Permitted By Law, The Addition Made Be Deleted.

For Appellant: Sh. Rakesh Garg, AdvocateFor Respondent: Sh. Amit Kumar, DR
Section 142(1)Section 144Section 272A(1)(d)

Seth Industrial Corporation, Ludhiana, Punjab vs. Deputy Commissioner of Income Tax, Central Circle-3, Ludhiana, Punjab

Appeal stand allowed in terms of our above order

ITA 874/CHANDI/2024[2018-19]Status: DisposedITAT Chandigarh16 Oct 2025AY 2018-19

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं. / Ita No.1044/Chandi/2024 (िनधा"रण वष" / Assessment Year: 2018-19) Dcit-Central Circle-3 M/S Seth Industrial Corporation बनाम/ Aaykar Bhawan, Rishi Nagar 80-A, Industrial Estate Vs. Ludhiana – 141001 Ludhiana, Punjab - 141003 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aakfs-2622-J (अपीलाथ"/Appellant) (""थ" / Respondent) : & 2. आयकर अपील सं. / Ita No.874/Chandi/2024 (िनधा"रण वष" / Assessment Year: 2018-19) M/S Seth Industrial Corporation Dcit-Central Circle-3 बनाम/ 80-A, Industrial Estate Aaykar Bhawan, Rishi Nagar Vs. Ludhiana, Punjab - 141003 Ludhiana – 141001 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aakfs-2622-J (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : Shri Tej Mohan Singh (Advocate) – Ld. Ar Revenue By : Smt. Geetinder Mann (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 16-10-2025 घोषणाकीतारीख /Date Of Pronouncement : 16/10/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Cross-Appeals For Assessment Year (Ay) 2018-19 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals)-5, Ludhiana [Cit(A)] Dated 18-07-2024 In The Matter Of An Assessment

For Appellant: Shri Tej Mohan Singh (Advocate) – Ld. ARFor Respondent: Smt. Geetinder Mann (CIT) – Ld. DR
Section 132(1)Section 144BSection 147Section 148Section 148ASection 151ASection 69

DCIT, CC-3, Ludhiana, Kitchlu Nagar vs. Seth Industrial Corporation, Millerganj

Appeal stand allowed in terms of our above order

ITA 1044/CHANDI/2024[2018-19]Status: DisposedITAT Chandigarh16 Oct 2025AY 2018-19

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं. / Ita No.1044/Chandi/2024 (िनधा"रण वष" / Assessment Year: 2018-19) Dcit-Central Circle-3 M/S Seth Industrial Corporation बनाम/ Aaykar Bhawan, Rishi Nagar 80-A, Industrial Estate Vs. Ludhiana – 141001 Ludhiana, Punjab - 141003 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aakfs-2622-J (अपीलाथ"/Appellant) (""थ" / Respondent) : & 2. आयकर अपील सं. / Ita No.874/Chandi/2024 (िनधा"रण वष" / Assessment Year: 2018-19) M/S Seth Industrial Corporation Dcit-Central Circle-3 बनाम/ 80-A, Industrial Estate Aaykar Bhawan, Rishi Nagar Vs. Ludhiana, Punjab - 141003 Ludhiana – 141001 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aakfs-2622-J (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : Shri Tej Mohan Singh (Advocate) – Ld. Ar Revenue By : Smt. Geetinder Mann (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 16-10-2025 घोषणाकीतारीख /Date Of Pronouncement : 16/10/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Cross-Appeals For Assessment Year (Ay) 2018-19 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals)-5, Ludhiana [Cit(A)] Dated 18-07-2024 In The Matter Of An Assessment

For Appellant: Shri Tej Mohan Singh (Advocate) – Ld. ARFor Respondent: Smt. Geetinder Mann (CIT) – Ld. DR
Section 132(1)Section 144BSection 147Section 148Section 148ASection 151ASection 69

Pravesh Kumar Jaiswal, Kolkata vs. I.T.O., Ward - 62(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1269/KOL/2024[2021-2022]Status: DisposedITAT Kolkata16 Oct 2025AY 2021-2022

Bench: Shri Sonjoy Sarmapravesh Kumar Jaiswal Vs Ito, Ward-62(1), Kolkata 245A, Apc Road, Manicktalla, Kol-700006. Pan No. :Acspj9691A (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri Sunil Surana, Ar राज"व क" ओर से /Revenue By : Shri P. N. Barnwal, Cir- Dr सुनवाई क" तार"ख / Date Of Hearing : 08/10/2025 घोषणा क" तार"ख/Date Of Pronouncement : 16/10/2025 आदेश / O R D E R Per Sonjoy Sarma, Jm : This Appeal By The Assessee Arises Against The Order Of The Learned Commissioner Of Income Tax (Appeals), Kolkata, Whereby The Action Of The Assessing Officer In Making An Addition Of ₹1,27,38,506/- Under Section 69C Read With Section 115Bbe Of The Income-Tax Act, 1961 Was Confirmed. 2. Brief Facts Of The Case Are That The Case Of The Assessee Was Selected For Scrutiny As It Was Noticed That The Assessee Had Made Substantial Purchases From Certain Suppliers Who Were Either Non- Filers Of Income Tax Returns, Filed Returns With Abnormally Low Turnover, Or Whose Gst Registrations Were Either Cancelled Or Suo Motu Suspended As Per Adg (Gst) Data. Based On This Information, The Assessing Officer Formed A View That There Was A Possibility Of The Assessee Booking Bogus Or Inflated Purchase Expenses To Reduce Taxable Profit & Accordingly, Scrutiny Proceedings Were Initiated By Issue Of Statutory Notices. During

For Appellant: Shri Sunil Surana, ARFor Respondent: Shri P. N. Barnwal, CIR- DR
Section 115BSection 133(6)Section 145(3)Section 69C