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

Durairaj Murugesan, Chennai vs. ITO, Ncw-8(1), Chennai

In the result, the appeal filed by the assessee is allowed

ITA 941/CHNY/2024[2017-18]Status: DisposedITAT Chennai30 Aug 2024AY 2017-18

Bench: Shri Mahavir Singhand Shri S.R. Raghunathaआयकर अपील सं./Ita No.941/Chny/2024 "नधा"रण वष"/Assessment Year:2017-18 Shri Durairaj Murugesan, The Income Tax Officer, C87, Periyar Vegetable Market, Vs. Non-Corporate Ward 8(1), Koyambedu, Chennai. Chennai – 600 092. Pan: Avfpm 1925N (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms. Jharna B. Harilal, Ca ""यथ"क" ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई क" तार"ख/Date Of Hearing : 22.08.2024 घोषणा क" तार"ख/Date Of Pronouncement : 30.08.2024 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi In Order No.Itba/Nfac/S/250/2023-24/1061865865 (1) Dated 01.03.2024. The Assessment Was Framed By The Assessing Income Tax Officer, Non-Corporate Ward 8(1), Chennai For The Assessment Year 2017-18 U/S.144 R.W.S. 143(3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 29.12.2019. 2. The Only Issue In This Appeal Of Assessee Is As Regards To The Order Of Cit(A)-Nfac Confirming The Action Of Ao In Treating The Cash Deposits Made During Demonetization Period In Specified Bank Notes(Sbns) Amounting To Rs.69,46,130/- As Unexplained Credit U/S.69A Of The Act & Taxing The Same U/S.115Bbe Of The Act.

For Appellant: Ms. Jharna B. Harilal, CAFor Respondent: Ms. R. Anita, Addl. CIT
Section 115BSection 144Section 69A

Assistant Commissioner of Income Tax, Corporate Circle 1(1), Chennai, Nungambakkam vs. Avilaa Exports Private Limited, Mannady, Chennai

In the result, appeal filed by the Revenue is dismissed

ITA 770/CHNY/2024[2017-18]Status: DisposedITAT Chennai30 Aug 2024AY 2017-18

Bench: Shri Aby T. Varkey & Shri S.R. Raghunathaआयकर अपील सं./Ita No.770/Chny/2024 िनधा8रण वष8 /Assessment Year: 2017-18 The Asst. Commissioner Of Avilaa Exports Pvt. Ltd., Income Tax, Vs. Old No.269, New No.126, 4Th Floor, Thambu Chetty Street, Corporate Circle-1(1), Chennai. Mannady, Chennai-600001. [Pan: Aajca 2473K] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" की ओर से/ Assessee By : Shri Akshit Jain, C.A Fgथ" की ओर से /Revenue By : Shri A. Sasikumar, Cit सुनवाई की तारीख/Date Of Hearing : 19.06.2024 घोषणा की तारीख /Date Of Pronouncement : 30.08.2024 आदेश / O R D E R Per S.R. Raghunatha, A.M : This Appeal By The Revenue Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), [Nfac], Delhi [Hereinafter “Cit(A)] In Din & Order No.Itba/Nfac/S/250/2023- 24/1060339451(1), Dated 31.01.2024. The Assessment Was Framed By The Assessing Officer For The Assessment Year 2017-18 U/S. 147 R.W.S 144 R.W.S 144B Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Vide Order Dated 15.01.2022. :- 2 -: 2. The Grounds Of Appeal Raised By The Revenue Are As Under:

For Appellant: Shri Akshit Jain, C.A FGFor Respondent: Shri A. Sasikumar, CIT
Section 139(1)Section 143(1)Section 143(3)Section 147Section 148

Kuppusamy Meiyappan, Salem vs. DCIT, Circle-1(1), Salem

In the result, appeal filed by the assessee is allowed

ITA 647/CHNY/2024[2017-18]Status: DisposedITAT Chennai30 Aug 2024AY 2017-18

Bench: Shri Manu Kumar Giri & Shri S.R. Raghunathaआयकर अपील सं./Ita No.647/Chny/2024 िनधा9रण वष9 /Assessment Year: 2017-18 Kuppusamy Meiyappan, The Dy. Commissioner Of 2/263, Perumal Koil Medu Street, Vs. Income Tax, No.8, Seelanaickanpatty, Circle-1(1), Salem – 636 201. Salem. [Pan: Alppm 0517Q] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथF की ओर से/ Appellant By : Shri S. Sridhar, Advocate HiथF की ओर से /Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/Date Of Hearing : 03.07.2024 घोषणा की तारीख /Date Of Pronouncement : 30.08.2024 आदेश / O R D E R Per S.R. Raghunatha, A.M : This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), (Nfac), Delhi [Hereinafter “Cit(A)”] In Din & Order No. Itba/Nfac/S/250/2023- 24/1059373357(1), Dated 04.01.2024. The Assessment Was Framed By The Assessing Officer For The Assessment Year 2017-18 U/S. 143(3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Vide Order Dated 29.12.2019. :- 2 -: 2. There Is A Delay Of 8 Days In Filing The Appeal By The Assessee.

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri D. Hema Bhupal, JCIT
Section 143(2)Section 143(3)Section 271ASection 69A