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

Mohd. Naushad Ansari (Prop. Gulsan Sev Foods), Ahmedabad vs. The ITO, Ward-5(3)(3), Ahmedabad

In the result, the appeal filed by the assessee is allowed

ITA 620/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad30 Jul 2025AY 2017-18

Bench: Ms.Suchitra R. Kamble & Shri Makarand V.Mahadeokarasstt.Year : 2017-18 Mohd Naushad Ansari The Ito, Ward-5(3)(3) Prop: Gulsan Sev Foods Vs. Anandnagar Road 51, Pujara Ni Chali Ahmedabad. Nr.Sarangpur Bridge Kamdar Medan – Gomtipur Ahmedabad 380 021 Pan: Aiwpa 6480 G (Applicant) (Responent) : Shri M.K. Patel, Ar Assessee By : Shri Amit Pratap Singh, Sr.Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 28/07/2025 घोषणा क" तारीख /Date Of Pronouncement: 30/07/2025 आदेश आदेश/O R D E R आदेश आदेश Per Makarand V.Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Dated 29.01.2025 Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”], Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”], Confirming The Addition Of Rs.28,54,000/- Made By The Assessing Officer Under Section 68 Of The Act In Respect Of Cash Deposits Made In The Bank Accounts Of The Assessee During The Demonetisation Period. The Assessment Was Completed Under Section 143(3) Of The Act By The Income Tax Officer, Ward 5(3)(3), Ahmedabad [Hereinafter Referred To As “Assessing Officer Or Ao”], Vide Order Dated 29.12.2019. 2. Facts Of The Case 2

For Appellant: Shri Amit Pratap Singh, Sr.DR
Section 115BSection 142(1)Section 143(2)Section 143(3)Section 145(3)Section 250Section 271ASection 68

Ganendra Nath Halder, Little Andaman vs. ACIT Circle 3(2), Port Blair

In the result, the appeal of the assessee is allowed

ITA 1620/KOL/2024[2017-18]Status: DisposedITAT Kolkata30 Jul 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1620/Kol/2024 Assessment Year: 2017-18 Ganendra Nath Halder, Little Andaman………………....Appellant Vivekanandapur Post, Little Andaman Union Territory Of Andaman & Nicobar Islands, Andaman & Nicobar Islands-744207. [Pan: Amnph7301J] Vs. Acit Circle-3(2), Port Blair…………………..………………….…..... Respondent Appearances By: Shri Akkal Dudhewala, Ar, Appeared On Behalf Of The Appellant. Shri Kallol Mistry, Jcit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 29, 2025 Date Of Pronouncing The Order : July 30, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Dated 04.06.2024 Passed By The Cit, Appeal Addl/Jcit(A)-1, Pune [In Short Cit(A)] Under Section 250 Of The Income-Tax Act, 1961. 2. Brief Facts Of The Case Are That The Assessee A Resident Of Little Andaman, Is A Super Senior Citizen Aged 82 Years During The Relevant Assessment Year. He Did Not File A Return Of Income Under Section 139 For A.Y. 2017–18. Based On The Information Available In The Departmental Database & Its Data, It Was Observed That Cash Deposits Of ₹10,00,000 Were Made In The Assessee’S Bank Account—₹5,00,000 Each On 10.11.2016 & 11.11.2016 Respectively. Accordingly Notice Under Section 142(1) Was Issued On 13.03.2018 Through Speed Post, But The Assessee Failed To Respond Or File The Return. Subsequently, The

Section 10(1)Section 115BSection 133(6)Section 139Section 142(1)Section 144Section 250Section 69