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

Ram Kishor Soni, Ahmedabad vs. National Faceless Assessment Centre, Delhi Present AO: the ITO, Ward-4(2)(1), Ahmedabad

The appeals of the assessee are allowed for statistical purposes

ITA 1282/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad11 Mar 2025AY 2014-15

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita Nos.1281&1282/Ahd/2024 निर्धारण वर्ष / Assessment Years: 2013-14 & 2014-15 Ram Kishor Soni, 626, Sector No.3, Chankyapuri, Ghatlodiya, Ahmedabad-380061 स्थायी लेखा सं./Pan: Blips8712B बनाम/ V/S. National Faceless Assessment Centre, Delhi Present A.O.: Income Tax Officer, Ward-4(2)(1), Ahmedabad अपीलार्थी/ (Appellant) प्रत्यर्थी / (Respondent) Assessee By: Shri P. F. Jain, Ar Revenue By: Shri Rignesh Das, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 10/03/2025 घोषणा की तारीख / Date Of Pronouncement: 11/03/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: Both These Appeals Filed By The Assessee Pertain To Assessment Years 2013-14 & 2014-15 Against The Respective Orders Of Commissioner Of Appeal, National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)"], Confirming The Additions Made By The Assessing Officer [Hereinafter Referred To As "Ao"] Under Section 69A Of The Income-Tax Act, 1961[Hereinafter Referred To As "The Act"], On Account Of Unexplained Cash Deposits In The Assessee'S Bank Accounts. Since The Issues Involved In Both The Appeals Are Identical, They Are Disposed Of By This Consolidated Order.

For Appellant: Shri P. F. Jain, ARFor Respondent: Shri Rignesh Das, Sr. DR
Section 115BSection 132Section 142(1)Section 144Section 147Section 148Section 154Section 234ASection 69A

Indumati Hp Gas Gramin Vitrak, Kolhapur vs. ITO Ward 1(1), Kolhapur

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1362/PUN/2024[2018-19]Status: DisposedITAT Pune11 Mar 2025AY 2018-19

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1362/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 Indumati Hp Gas Gramin Vs. Ito, Ward-1(1), Vitrak, Kolhapur. A/P Kasaba Beed, Tal. Karveer, Dist. Kolhapur- 416011. Pan : Aaffi4054H Appellant Respondent Assessee By Shri Nikhil S. Pathak & : Shri Mayuresh Doshi Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 23.12.2024 Date Of Pronouncement : 11.03.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 24.04.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Is Not Justified In Confirming The Addition Of Rs. 3,02,29,400/- U/S 69A Of The Act When The Assessee Has Explained The Sources Of The Amount Deposited. 2. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit (A) Is Not Justified In Confirming The Addition Of Rs. 3,02,29,400/- As Entire Amount Deposited In Bank Without Considering The Withdrawals From The Bank Account.

For Respondent: Shri Ramnath P. Murkunde
Section 115BSection 147Section 148Section 44ASection 69A

Foundation One Infrastructures Pvt. Ltd., Coimbatore vs. ACIT, Central Circle-1, Coimbatore

In the result the appeals filed by the assessees are allowed

ITA 3152/CHNY/2024[2017-18]Status: DisposedITAT Chennai11 Mar 2025AY 2017-18

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 3148 To 3152/Chny/2024 िनधा"रण वष"/Assessment Years: 2013-14 To 2017-18 Foundation One Infrastructures Assistant Commissioner Of Private Limited, Vs. Income Tax, 4/3, G.D.Street, Race Course, Central Circle-1 Coimbatore-641 018. Coimbatore. Pan: Aabcf-1701-B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Mr. T.Banusekar, Advocate & Mr.A.Suraj Nahar, C.A ""यथ" क" ओर से/Respondent By : Ms.Gouthami Manivasagam, Jcit सुनवाई क" तारीख/Date Of Hearing : 27.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 11.03.2025 आदेश /O R D E R Per George George K: These Appeals At The Instance Of The Assessee Are Directed Against Five Separate Orders Of Cit(A), Chennai-20, (All Dated 30.09.2024) Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Years Are 2013-14 To 2017-18. 2. There Is A Delay Of 11 Days In Filing These Appeals. The Assessee Has Filed A Petition For Condonation Of Delay Along With Ita Nos. 3148 To 3152//Chny/2024 Affidavit Stating Therein The Reasons For Belated Filing Of These Appeals. The Reasons Stated In The Condonation Application For Belated Filing Of These Appeals Is That Managing Director Of The Assessee Was Stranded Amidst Heavy Rains Caused By Cyclone Fengal At Puducherry During The Relevant Period & Hence, There Was Delay Of 11 Days.

For Appellant: Mr. T.Banusekar, Advocate &For Respondent: Ms.Gouthami Manivasagam, JCIT
Section 115BSection 131Section 133ASection 250Section 28

Foundation One Infrastructure Pvt. Ltd., Coimbatore vs. ACIT, Central Circle-1, Coimbatore

In the result the appeals filed by the assessees are allowed

ITA 3151/CHNY/2024[2016-17]Status: DisposedITAT Chennai11 Mar 2025AY 2016-17

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 3148 To 3152/Chny/2024 िनधा"रण वष"/Assessment Years: 2013-14 To 2017-18 Foundation One Infrastructures Assistant Commissioner Of Private Limited, Vs. Income Tax, 4/3, G.D.Street, Race Course, Central Circle-1 Coimbatore-641 018. Coimbatore. Pan: Aabcf-1701-B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Mr. T.Banusekar, Advocate & Mr.A.Suraj Nahar, C.A ""यथ" क" ओर से/Respondent By : Ms.Gouthami Manivasagam, Jcit सुनवाई क" तारीख/Date Of Hearing : 27.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 11.03.2025 आदेश /O R D E R Per George George K: These Appeals At The Instance Of The Assessee Are Directed Against Five Separate Orders Of Cit(A), Chennai-20, (All Dated 30.09.2024) Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Years Are 2013-14 To 2017-18. 2. There Is A Delay Of 11 Days In Filing These Appeals. The Assessee Has Filed A Petition For Condonation Of Delay Along With Ita Nos. 3148 To 3152//Chny/2024 Affidavit Stating Therein The Reasons For Belated Filing Of These Appeals. The Reasons Stated In The Condonation Application For Belated Filing Of These Appeals Is That Managing Director Of The Assessee Was Stranded Amidst Heavy Rains Caused By Cyclone Fengal At Puducherry During The Relevant Period & Hence, There Was Delay Of 11 Days.

For Appellant: Mr. T.Banusekar, Advocate &For Respondent: Ms.Gouthami Manivasagam, JCIT
Section 115BSection 131Section 133ASection 250Section 28

Foundation One Infrastructures Pvt. Ltd., Coimbatore vs. ACIT, Central Circle-1, Coimbatore

In the result the appeals filed by the assessees are allowed

ITA 3150/CHNY/2024[2015-16]Status: DisposedITAT Chennai11 Mar 2025AY 2015-16

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 3148 To 3152/Chny/2024 िनधा"रण वष"/Assessment Years: 2013-14 To 2017-18 Foundation One Infrastructures Assistant Commissioner Of Private Limited, Vs. Income Tax, 4/3, G.D.Street, Race Course, Central Circle-1 Coimbatore-641 018. Coimbatore. Pan: Aabcf-1701-B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Mr. T.Banusekar, Advocate & Mr.A.Suraj Nahar, C.A ""यथ" क" ओर से/Respondent By : Ms.Gouthami Manivasagam, Jcit सुनवाई क" तारीख/Date Of Hearing : 27.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 11.03.2025 आदेश /O R D E R Per George George K: These Appeals At The Instance Of The Assessee Are Directed Against Five Separate Orders Of Cit(A), Chennai-20, (All Dated 30.09.2024) Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Years Are 2013-14 To 2017-18. 2. There Is A Delay Of 11 Days In Filing These Appeals. The Assessee Has Filed A Petition For Condonation Of Delay Along With Ita Nos. 3148 To 3152//Chny/2024 Affidavit Stating Therein The Reasons For Belated Filing Of These Appeals. The Reasons Stated In The Condonation Application For Belated Filing Of These Appeals Is That Managing Director Of The Assessee Was Stranded Amidst Heavy Rains Caused By Cyclone Fengal At Puducherry During The Relevant Period & Hence, There Was Delay Of 11 Days.

For Appellant: Mr. T.Banusekar, Advocate &For Respondent: Ms.Gouthami Manivasagam, JCIT
Section 115BSection 131Section 133ASection 250Section 28

Foundation One Infrastructures Pvt. Ltd., Coimbatore vs. ACIT, Central Circle-1, Coimbatore

In the result the appeals filed by the assessees are allowed

ITA 3149/CHNY/2024[2014-15]Status: DisposedITAT Chennai11 Mar 2025AY 2014-15

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 3148 To 3152/Chny/2024 िनधा"रण वष"/Assessment Years: 2013-14 To 2017-18 Foundation One Infrastructures Assistant Commissioner Of Private Limited, Vs. Income Tax, 4/3, G.D.Street, Race Course, Central Circle-1 Coimbatore-641 018. Coimbatore. Pan: Aabcf-1701-B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Mr. T.Banusekar, Advocate & Mr.A.Suraj Nahar, C.A ""यथ" क" ओर से/Respondent By : Ms.Gouthami Manivasagam, Jcit सुनवाई क" तारीख/Date Of Hearing : 27.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 11.03.2025 आदेश /O R D E R Per George George K: These Appeals At The Instance Of The Assessee Are Directed Against Five Separate Orders Of Cit(A), Chennai-20, (All Dated 30.09.2024) Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Years Are 2013-14 To 2017-18. 2. There Is A Delay Of 11 Days In Filing These Appeals. The Assessee Has Filed A Petition For Condonation Of Delay Along With Ita Nos. 3148 To 3152//Chny/2024 Affidavit Stating Therein The Reasons For Belated Filing Of These Appeals. The Reasons Stated In The Condonation Application For Belated Filing Of These Appeals Is That Managing Director Of The Assessee Was Stranded Amidst Heavy Rains Caused By Cyclone Fengal At Puducherry During The Relevant Period & Hence, There Was Delay Of 11 Days.

For Appellant: Mr. T.Banusekar, Advocate &For Respondent: Ms.Gouthami Manivasagam, JCIT
Section 115BSection 131Section 133ASection 250Section 28

Foundation One Infrastructure Pvt. Ltd., Coimbatore vs. ACIT, Central Circle-1, Coimbatore

In the result the appeals filed by the assessees are allowed

ITA 3148/CHNY/2024[2013-14]Status: DisposedITAT Chennai11 Mar 2025AY 2013-14

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 3148 To 3152/Chny/2024 िनधा"रण वष"/Assessment Years: 2013-14 To 2017-18 Foundation One Infrastructures Assistant Commissioner Of Private Limited, Vs. Income Tax, 4/3, G.D.Street, Race Course, Central Circle-1 Coimbatore-641 018. Coimbatore. Pan: Aabcf-1701-B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Mr. T.Banusekar, Advocate & Mr.A.Suraj Nahar, C.A ""यथ" क" ओर से/Respondent By : Ms.Gouthami Manivasagam, Jcit सुनवाई क" तारीख/Date Of Hearing : 27.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 11.03.2025 आदेश /O R D E R Per George George K: These Appeals At The Instance Of The Assessee Are Directed Against Five Separate Orders Of Cit(A), Chennai-20, (All Dated 30.09.2024) Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Years Are 2013-14 To 2017-18. 2. There Is A Delay Of 11 Days In Filing These Appeals. The Assessee Has Filed A Petition For Condonation Of Delay Along With Ita Nos. 3148 To 3152//Chny/2024 Affidavit Stating Therein The Reasons For Belated Filing Of These Appeals. The Reasons Stated In The Condonation Application For Belated Filing Of These Appeals Is That Managing Director Of The Assessee Was Stranded Amidst Heavy Rains Caused By Cyclone Fengal At Puducherry During The Relevant Period & Hence, There Was Delay Of 11 Days.

For Appellant: Mr. T.Banusekar, Advocate &For Respondent: Ms.Gouthami Manivasagam, JCIT
Section 115BSection 131Section 133ASection 250Section 28