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

Kiran Jitendrakumar Siddhpura, Rajkot vs. ITO Ward 2(1)(2) Rajkot, Rajkot

In the result, the appeal of the assessee is allowed

ITA 823/RJT/2026[2019-20]Status: DisposedITAT Rajkot08 Sept 2026AY 2019-20

Bench: Dr. Arjun Lal Sainiआयकरअपीलसं/.Ita No. 823/Rjt/2026 "नधा"रणवष"/ Assessment Year: 2019-20 Kiran Jitendrakumar Siddhpura, Ito Ward 2(1)(2), Rajkot, Sorathiawadi, 7-Master Society. Vs. It-Office, New Aayakar, Rajkot, Gujarat 360002 Bhawan, Vatiaka, Rajkot, Gujarat 360001 Pan No. Ahdps7341G (अपीलाथ"/Assessee) : (""यथ"/Respondent) "नधा"रतीक"ओरसे/Assessee By : Shri Kalpesh Doshi, Ld. Ar राज"वक"ओरसे/Revenue By : Shri Anadi Dixit, Ld. Sr. Dr सुनवाईक"तार"ख/Date Of Hearing : 18/06/2026 घोषणाक"तार"ख/Date Of Pronouncement : 08/09/2026 Order Per, Dr. Arjun Lal Saini, Am: The Present Appeal Has Been Filed By The Assessee, Against The Order Passed By The Learned Commissioner Of Income Tax (Appeal), National Faceless Appeal, Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”] Dated 18.02.2026 Arising In The Matter Of Assessment Order Passed U/S.147 Of The Income Tax Act, 1961 Dated 27.03.2024 Relevant To The Assessment Year 2019-20. 2. The Appeal Filed By The Assessee Is Barred By Limitation By 22 Days Before The Tribunal. When The Matter Was Called For Hearing, The Ld. Counsel For The Assessee At The Outset Submitted That The Order Had Been Served Through Email To Previous Tax Consultant Of The Assessee, Who Has Failed To Inform The Assessee About The Proceedings Going On Before The Ld.Cit(A), Therefore, Because Of The Mistake Of The Tax Consultant, The Delay In Filing The Appeal Of 22 Days Has Resulted.

For Appellant: Shri Kalpesh Doshi, Ld. ARFor Respondent: Shri Anadi Dixit, Ld. Sr. DR
Section 115BSection 139Section 142(1)Section 143(2)Section 144B(8)Section 147Section 148Section 148BSection 151Section 234A

Manish Jain, Jaipur vs. ITO, Ward-7(1), Jaipur

The appeal of the assessee is allowed

ITA 1393/JPR/2025[2022-23]Status: DisposedITAT Jaipur08 Sept 2026AY 2022-23

Bench: Smt. Annapurna Gupta & Shri Udayan Das Guptamanish Jain Vs. Assessment Unit 589, New Sanganer Road Income Tax Department Vivek Vihar Jaipur Income Tax Officer, Ward 302019 7(1), Jaipur "थायीलेखासं./जीआइआरसं./Pan/Gir No:Aelpj 6334 D Appellant .. Respondent Appellant By : Sh. Mukesh Khandelwal, Ca Respondent By : Sh. Abhimanyu Singh Yadav, Addl. Cit Date Of Hearing 02.07.2026 Date Of Pronouncement 08.09.2026 O R D E R Per Annapurna Gupta, Am:- The Present Appeal Has Been Filed By The Assessee Against The Order Passed By The National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To As “Ld. Cit(A)”), Dated 14.08.2025 Under P A G E | 2 Manish Jain Section250Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”). 2. The Grounds Raised By The Assessee Read As Under:- 1. That On The Facts & In Circumstances Of The Case, The Learned Assessing Officer As Well As Learned Cit(A) Grossly Erred In Acting Illegally On Facts As Well As In Law, In Assuming, Presuming, On Conjectures & Surmises, In Holding & Making An Addition Of Impugned Amount Of Inr 1,20,00,000 (Rupees One Crores & Twenty Lakhs Only) As Income On Account Of Receipts By Way Of Unexplained Money Under Section 69A Of The Act.

For Appellant: Sh. Mukesh Khandelwal, CAFor Respondent: Sh. Abhimanyu Singh Yadav
Section 131Section 250oSection 69A