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

Muslim Fund, Jamshedpur vs. ITO, Exemption Ward, Jamshedpur

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

ITA 378/RAN/2024[2017-18]Status: DisposedITAT Ranchi04 Apr 2025AY 2017-18

Bench: Shri George Mathan, Jm & Shri Ratnesh Nandan Sahay, Am (Through : Hybrid Mode) आयकर अपील सं./Ita No.378/Ran/2024 (धनध ारण वषा / A.Y.S :2017-2018) Muslim Fund Vs. Ito (Exemption Ward), Jama Masjid, Sakchi, Jamshedpur Jamshedpur स्थ यी लेख सं./जीआइआर सं./Pan/Gir No. : Aaaam 0411 A (अपील थी /Appellant) .. (प्रत्यथी / Respondent) निर्धाऩिती की ओर से /Assessee By : Shri M.K.Choudhary & Shri Devesh Poddar, Advocates र जस्व की ओर से /Revenue By : Shri Amitabh Kumar Sinha, Cit-Dr सुनव ई की त रीख / Date Of Hearing : 03/04/2025 घोषण की त रीख/Date Of Pronouncement : 03/04/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 25/01/2024, Passed In Din & Order No.Itba/Nfac/S/250/2023- 24/1060142968(1) For The Assessment Year 2013-2014. 2. On Perusal Of The Appeal Record, It Is Found That The Appeal Of The Assessee Has Been Filed Belatedly By 195 Days. In This Regard, Ld. Ar Has Filed An Application For Condonation Of Delay Stating Sufficient Reasons Therein. Accordingly, We Condone The Delay Of 195 Days In Filing The Appeal & The Appeal Of The Assessee Is Heard Finally.

For Appellant: Shri M.K.Choudhary & Shri DeveshFor Respondent: Shri Amitabh Kumar Sinha, CIT-DR
Section 115BSection 142(1)Section 69A

Simrita Kaur, Rajpura vs. ACIT, Patiala

The appeal stand allowed in terms of our above order

ITA 405/CHANDI/2024[2018-19]Status: DisposedITAT Chandigarh04 Apr 2025AY 2018-19

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.405/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2018-19) Dr. Simrita Kaur Acit 69, Dalima Vihar Patiala, Punjab. बनाम/ Vs. Rajpura-140401 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Abypk-2113-R (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Parikshit Aggarwal (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Dr. Ranbir Kaur (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 01-04-2025 घोषणाकीतारीख /Date Of Pronouncement : 04-04-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2018-19 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 09-12-2022 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) Of The Act On 21-09-2021. The Short Issue To Be Adjudicated By Us To Determine The Head Of Additional Income As Surrendered By The Assessee During Survey Proceedings. The Assessee Is Stated To Be Running A Nursing Home In The Name & Style Of M/S Simrita Nursing Home, Rajpura. The Registry Has Noted

For Appellant: Sh. Parikshit Aggarwal (CA) – Ld. ARFor Respondent: Dr. Ranbir Kaur (Addl. CIT) – Ld. Sr. DR
Section 115BSection 133ASection 143(3)Section 69A

Shiv Shakti Enterprises, Nangal, Ropar vs. Income Tax Officer, Ward-1, Nangal

The appeal stand allowed for statistical purposes

ITA 307/CHANDI/2024[2020-21]Status: DisposedITAT Chandigarh04 Apr 2025AY 2020-21

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.307/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2020-21) M/S Shiv Shakti Enterprises Ito- Ward 1, C/O Sh. Tejmohan Singh (Advocate) बनाम/ Vs. Nangal. #527, Sector 10-D, Chandigarh -160011 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Adxfs-9582-R (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Tejmohan Singh (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Dr. Ranjit Kaur (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 27-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 04-04-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2020-21 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 29-02-2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) R.W.S. 144B Of The Act On 26-09- 2022. The Sole Grievance Of The Assessee Is Confirmation Of Addition Of Cash Deposit For Rs.179.72 Lacs. Having Heard Rival Submissions & Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under.

For Appellant: Sh. Tejmohan Singh (Advocate) – Ld. ARFor Respondent: Dr. Ranjit Kaur (Addl. CIT) – Ld. Sr. DR
Section 143(3)Section 69A

Assistant Commissioner of Income Tax, Madurai vs. Arul Raja, Tuticorin

In the result the appeal filed by the Revenue is dismissed

ITA 2845/CHNY/2024[2021]Status: DisposedITAT Chennai03 Apr 2025

Bench: Shri S.S. Viswanethra Ravi, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं/.Ita No.: 2845/Chny/2024 िनधा"रणवष" / Assessment Year: 2021-22 Assistant Commissioner Of Arul Raja, Income Tax, V. 43J, Saint Peter Koil Street, Central Circle -2, Tuticorin – 628 001. Madurai – 625 002. [Pan: Aevpr-9611-K] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri. Y. Sridhar, F.C.A ""थ" की ओर से/Respondent By : Dr.M.D. Vijay Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 04.03.2025 घोषणा की तारीख /Date Of Pronouncement : 03.04.2025 आदेश/ O R D E R Per S. R. Raghunatha: This Appeal Filed By The Revenue Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-19, Chennai, Dated 09.09.2024 & Pertains To Assessment Year 2021-22. 2. The Revenue Has Raised The Following Grounds Of Appeal: 1. The Order Of The Learned Commissioner Of Income Tax (Appeals) Is Erroneous On Facts Of The Case & In Law. 2. The Ld. Cit (A) Erred In Deleting The Addition Of Rs.67,96,000/- Made Towards Unexplained Money U/S.69A. 2.1 The Ld. Cit (A) Erred In Holding That The Statement Made By The Assessee That The Source For The Cash· Was Withdrawals From Banks As A Plausible Explanation In The Absence Of Proof Evidencing The Transactions & Wrongly Observed That Burden Of Proof Shifted To The Assessing Officer.

For Appellant: Shri. Y. Sridhar, F.C.A ""For Respondent: Dr.M.D. Vijay Kumar, JCIT
Section 131Section 132Section 143(3)Section 69A