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

Mohammad Tipu Sultan Khan, Darbhanga vs. ITO, Ward 3(1), Darbhanga

The appeal of the assessee is allowed for statistical purposes

ITA 284/PAT/2023[2017-18]Status: DisposedITAT Patna19 Dec 2024AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.284/Pat/2023 Assessment Year: 2017-18 Mohammad Tipu Sultan Khan ……..……………………....Appellant M/S Sultania Traders, Village-Asapur, Po Behara, Darbhanga, Bihar – 847201. [Pan: Awzpk0521F] Vs. Ito, Ward-3(1), Darbhanga.….…….…............................…..…..... Respondent Appearances By: Shri Rakesh Kumar, Advocate, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 17, 2024 Date Of Pronouncing The Order : December 19, 2024 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 18.05.2022 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Care Are That The Assessee Is An Individual & Did Not File Income Tax Return For The Assessment Year 2017-18. A Notice U/S 142(1) Of The Act Was Issued Directing The Assessee To File A Return Of Income But No Response Was Received From The Assessee. Subsequently, The Assessing Officer Issued Another Notice U/S 142(1)(Ii) Of The Act Requiring The Assessee To Explain Cash Deposits Made During The Demonetization Period. However This Time Also, The Assessee Failed To Respond To The Notice As Well. The Assessing Officer After Considering

Section 115BSection 142(1)Section 142(1)(ii)Section 144Section 250Section 250(6)Section 69

Assistant Commissioner of Income Tax, Central Circle-1, Trichy vs. Shri. Somasundaram Venkatesan, Pudukkottai

In the result, the appeal filed by the Revenue is dismissed

ITA 481/CHNY/2024[2018-19]Status: DisposedITAT Chennai19 Dec 2024AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.481/Chny/2024 िनधा"रण वष"/Assessment Year: 2018-19 The Assistant Commissioner Of Vs. Shri Somasundaram Venkatesan, Income Tax, 4656, East Street, Central Circle 1, Pudukkottai 622 001. Trichy. [Pan:Abrpv2396J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri C. Murugesan, Addl. Cit ""थ" की ओर से/Respondent By : Shri R. Venkatesh, Fca सुनवाई की तारीख/ Date Of Hearing : 28.11.2024 घोषणा की तारीख /Date Of Pronouncement : 19.12.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 27.12.2023 Passed By The Ld. Commissioner Of Income Tax (Appeals) Chennai-19, Chennai For The Assessment Year 2018-19. 2. The Appellant-Revenue Raised Ground Nos. 2 To 2.3 Of Appeal Amongst Which The Only Issue Emanates For Our Consideration Is To Whether The Ld. Cit(A) Was Justified In Deleting The Value Of Excess Gold Stock In The Facts & Circumstances Of The Case.

For Appellant: Shri C. Murugesan, Addl. CITFor Respondent: Shri R. Venkatesh, FCA
Section 133ASection 142(1)Section 147

Sanjeev Ranjan, Patna vs. Deputy/Assistant Commissioner of Income Tax, Circle-6, Patna

The appeal of the assessee is allowed for statistical purposes

ITA 305/PAT/2024[2017-18]Status: DisposedITAT Patna18 Dec 2024AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.305/Pat/2024 Assessment Year: 2017-18 Sanjeev Ranjan………………..……………………………………….…..……Appellant Shanta Bhawan, Road No.8, Patel Nagar, Patna- 800023. [Pan: Abzpr5817Q] Vs. Dcit, Circle-6, Patna…...............…..….…..….........……........……...…..…..Respondent Appearances By: Shri A. K. Rastogi, Advocate, Appeared On Behalf Of The Appellant. Shri Ashwani Kumar, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 17, 2024 Date Of Pronouncing The Order : December 18, 2024 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 15.02.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed His Return Of Income By Declaring Total Income Of Rs.43,06,640/- On 21.10.2017 For The Assessment Year 2017-18 Under The Head ‘Income From House Property’, ‘Profit & Gains From Business Or Profession’ & ‘Income From Other Sources’. The Case Of The Assessee Was Selected For Scrutiny Under Cass To Verify Cash Deposits During Demonetization Period. Accordingly, Notice U/S 143(2) Of The Act Was Issued. Subsequently, Notice U/S 142(1) Of The Act Was Also Issued Calling For Furnishing Details Such As Itr, Computation Of Income, Audit Report Pertaining To The Relevant Assessment Year, List Of All Bank Accounts Held

Section 115BSection 142(1)Section 143(2)Section 250