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

Amul Feed Private Limited, Patna vs. ITO Ward 2(1), Patna

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

ITA 184/PAT/2025[2017-18]Status: HeardITAT Patna23 Jul 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.184/Pat/2025 Assessment Year: 2017-18 Amul Feed Pvt. Ltd……………….....…..…………………....Appellant Shakti Punj, Ashoka Vihar Biscomaum Colony, Patna, Bihar - 800007. [Pan: Aafca0769E] Vs. Ito, Ward-2(1), Patna.……….…............................…..…..... Respondent Appearances By: Shri Manish Kumar, Ar, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singhal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 22, 2025 Date Of Pronouncing The Order : July 23, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Has Been Filed By The Assessee Against The Order Passed By The Learned Nfac ["Cit(A)"] For The Assessment Year 2017- 18. 2. Brief Facts Of The Case Are That The Assessing Officer Passed An Assessment Order Under Section 143(3) Of The Income-Tax Act, 1961 ("The Act") Making An Addition Of Rs.1,37,39,437 As Unexplained Cash Credit Under Section 69A Of The Act, Invoking The Provisions Of Section 115Bbe Of The Act. The Assessing Officer Further Made Another Addition Of Rs.1,00,88,000 As Unexplained Credit Under Section 68 Of The Act, Again Invoking Section 115Bbe & Taxing The Same At The Rate Of 60%. 3. Aggrieved By The Said Assessment Order, The Assessee Preferred An Appeal Before The Cit(A). However, The Appeal Of The Assessee Was Dismissed Ex Parte For Non-Compliance With The Notices Issued By The

Section 115BSection 143(3)Section 68Section 69A

Paradigm Business Ventures, Mohali vs. Deputy Commissioner of Income Tax, Central Circle-1, Chandigarh

The appeals stand allowed in terms of our above order

ITA 1139/CHANDI/2024[2016-17]Status: DisposedITAT Chandigarh23 Jul 2025AY 2016-17

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं./ Ita No.1128/Chandi/2024 (िनधा"रण वष" / Assessment Year: 2017-18) 2. आयकर अपील सं./ Ita No.1129/Chandi/2024 (िनधा"रण वष" / Assessment Year: 2017-18) 3. आयकर अपील सं./ Ita No.1139/Chandi/2024 (िनधा"रण वष" / Assessment Year: 2016-17) M/S Paradigm Business Ventures Dcit-Circle 1 बनाम/ Vs. Sco 45 Hollywood Plaza Cr Building Vip Road Zirakpur Mohali. Chandigarh "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaqfp-5590-G (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Parikshit Aggarwal(Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Kusum Bansal (Cit, Virtual) – Ld. Dr & Dr. Ranjit Kaur (Addl. Cit) – Ld. Sr. Dr सुनवाईक"तार"ख/Date Of Hearing : 15-07-2025 घोषणाक"तार"ख /Date Of Pronouncement : 23-07-2025 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Parikshit Aggarwal(CA) – Ld. ARFor Respondent: Smt. Kusum Bansal (CIT, Virtual) – Ld. DR & Dr
Section 115BSection 143(3)Section 271A