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

Vedre Pranathie, Hyderabad vs. Income Tax Officer, Ward- 4(4), Hyderabad

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

ITA 1004/HYD/2024[2017-18]Status: DisposedITAT Hyderabad09 Dec 2024AY 2017-18

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.1004/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2017-18) Vedre Pranathie Vs. Income Tax Officer Hyderabad Ward-4(4) [Pan : Abzpv3765B] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri A.V.Raghuram, Ar रधजस् व द्वधरध/Revenue By:: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 09/12/2024 घोर्णध की तधरीख/Date Of 09/12/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 18/06/2024 Of The Learned Commissioner Of Income Tax (Appeals) [Learned Cit(A)], National Faceless Appeal Centre (Nfac), Delhi, Relating To A.Y.2017-18. 2. At The Outset, We Find That The Registry Has Noticed Delay Of 46 Days In The Appeal Filed By The Assessee. The Learned Counsel For The Assessee Explained That Although The Ld.Cit(A) Passed Order On 18.06.2024, The Appellant Has Received The Impugned Order Of The Ld.Cit(A) On 03.09.2024 & If We

For Appellant: Shri A.V.Raghuram, ARFor Respondent: : Shri Srinath Sadanala, DR
Section 115BSection 139(1)Section 142(1)Section 144Section 69A

Shree Ramacbandra Breeders, Salem vs. DCIT, Circle-1(1), Salem

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

ITA 1786/CHNY/2024[2017-18]Status: DisposedITAT Chennai06 Dec 2024AY 2017-18

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./ Ita No.1786/Chny/2024 निर्ाारण वर्ा /Assessment Years: 2017-18 Shree Ramachandra Breeders, Deputy Commissioner Of Income Tax, No.1, Karnaka Arumuga Pillaiyar Koil Circle-1(1), Street, Gugai, Salem. Salem-636006. [Pan: Adafs4845C] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : S/Shri S.Sridhar & S.Senthil Kumar, Advocates. प्रत्यर्थी की ओर से /Revenue By : Ms.Gouthami Manivasagam, Jcit सुिवाई की तारीख/Date Of Hearing : 05.11.2024 घोर्णा की तारीख /Date Of Pronouncement : 06. 12.2024 आदेश / O R D E R Per Amitabh Shukla, A.M : This Appeal Is Filed Against The Order Bearing Din & Order No.Itba/Nfac/S/250/2024-25/1064357271(1) Dated 25.04.2024 Of The Learned Commissioner Of Income Tax [Herein After “Cit(A), National Faceless Appeal Center[Nfac], Delhi, For The Assessment Years 2017- 18. Through The Aforesaid Appeal The Assesse Has Challenged Order U/S 250 Dated 25.04.2024 Passed By Nfac, Delhi. 2.0 In All Appellant Has Raised 16 Grounds Of Appeal, All Of Which Have Been Found To Be Narrative & Descriptive In Nature. Perusal Thereof However Indicates That The Assessee Is Primary Contesting The Addition Of Rs.28,84,500/- Made By The Ld.Ao & Which Has Been :- 2 -:

For Appellant: S/Shri S.Sridhar & S.Senthil KumarFor Respondent: Ms.Gouthami Manivasagam, JCIT
Section 250Section 69A

J K Associates, Ahmedabad vs. The ITO, Ward-4(2)(1), Ahmedabad

In the result, the appeal of the assessee is partly allowed

ITA 1200/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad05 Dec 2024AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 1200/Ahd/2024 ("नधा"रण वष" / Assessment Year : 2017-18) बनाम/ J K Associates Ito Vikram Plaza, Nr. Ward 4(2)(1), Ahmedabad Vs. Vishwakarma Mandir, Chandlodia, Ahmedabad - 382481 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aalfj9737G (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Parin Shah, A.R. ""यथ" क" ओर से/Respondent By : Shri Rignesh Das, Sr. Dr 25/11/2024 Date Of Hearing Date Of Pronouncement 05/12/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi, (In Short ‘The Cit(A)’), Dated 03.06.2024 For The Assessment Year 2017-18. 2. The Brief Facts Of The Case Are That No Return Of Income Was Filed By The Assessee For The A.Y. 2017-18. An Information Was Received By The Ao That The Assessee Firm Had Purchased Immovable Property Of Rs.1 Crore During The F.Y. 2016-17 Relevant To A.Y. 2017-18. In The Absence Of Any Return Filed By The Assessee, The Source Of Investment By The Assesse In The Immovable Property Remained Unexplained. Therefore, The Proceedings Under Section 147 Of The Income Tax Act, 1961 (In Short

For Appellant: Shri Parin Shah, A.RFor Respondent: Shri Rignesh Das, Sr. DR
Section 115BSection 133(6)Section 147Section 148Section 234ASection 271ASection 68