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

Jayshree Bhalchandra Gutal, Solapur vs. ITO, Ward 2(4), Solapur

In the result, the appeal of the assessee stands allowed for statistical purposes

ITA 897/PUN/2024[2017-18]Status: DisposedITAT Pune25 Jun 2024AY 2017-18

Bench: Shri Dr. Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.897/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Jayshree Bhalchandra Gutal, Vs. Ito, Ward-2(4), Bhalu Kumkum, Plot Solapur. No.1228, A/P Kem, Karmala, Solapur- 413223. Pan : Ahzpg6709J Appellant Respondent Assessee By : Shri Pratik Sandbhor Revenue By : Shri Rajesh Gawali Date Of Hearing : 20.06.2024 Date Of Pronouncement : 25.06.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.02.2024 Passed By Ld Cit(A)/Nfac For The Assessment Year 2017-18. 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) Erred In Passing An Exparte Order Without Granting Sufficient Opportunity To The Appellant. 2. On The Facts & In The Circumstances Of The Case & In Law The Assessing Officer Erred In Invoking The Provision Of Section 69A Of The Income Tax Act, 1961 In Respect Of Cash Deposits Without Taking Cognizance Of The Fact That The Cash Deposits Have Been Duly Recorded In The Books Of Accounts Of The Appellant.

For Appellant: Shri Pratik SandbhorFor Respondent: Shri Rajesh Gawali
Section 115BSection 143(3)Section 44ASection 69A

Bhalagam Naidu Raja, Vellore vs. Iti Ward 3, Vellore

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

ITA 872/CHNY/2024[2017-18]Status: DisposedITAT Chennai24 Jun 2024AY 2017-18

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.: 872/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 Shri Bhalagam Naidu Raja, The Income Tax Officer, 2/26, Melachakattu, Vs. Ward 3, Kalampathu Latheri, Vellore. Katpadi, Vellore – 632 202. Pan: Anppr 0224B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : None ""यथ" क" ओर से/Respondent By : Shri Ar.V. Sreenivasan, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 24.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 24.06.2024 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 (Nfac), Delhi In Order No.Itba/Nfac/S/250/2023- 24/1060261821 (1) Dated 30.01.2024. The Assessment Was Framed By The Income Tax Officer, Ward 3, Vellore For The Assessment Year 2017-18 U/S.144 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 14.11.2019. 2. At The Outset, It Is Noticed That The Assessee Has Raised The Ground That The Cit(A)-Nfac Has Violated The Principles Of Natural Justice In Not Allowing Opportunity Of Being Heard To The Assessee & Passing Ex-Parte Order Without Going Into The Merits Of The Case. The Relevant Grounds Raised By The Assessee I.E., Ground Nos. 2 To 4 As Under:- “2. The Nfac Erred In Not Considering The Grounds Set Forth Before The Office Of Commissioner Of Income Tax & Passed An Order U/S.250 Which Violates The Principles Of Natural Justice.

For Appellant: NoneFor Respondent: Shri AR.V. Sreenivasan, Addl.CIT
Section 115BSection 142(1)Section 143(1)Section 144Section 249(4)Section 249(4)(b)Section 250Section 68

P.Srinivasan, Salem vs. ITO, Ward 1(1), Hosur

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

ITA 870/CHNY/2024[2017-18]Status: DisposedITAT Chennai24 Jun 2024AY 2017-18

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.: 870/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 Shri Ponnusamy Srinivasan, The Income Tax Officer, No.51/19, Venugopalasamy Street, Vs. Ward 1(1), Hosur – 635 109. Hosur. Pan: Gcyps 1607B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri T.S. Subramaniam, Fca ""यथ" क" ओर से/Respondent By : Shri Ar.V. Sreenivasan, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 24.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 24.06.2024 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 (Nfac), Delhi In Order No.Itba/Nfac/S/250/2023- 24/1060347000 (1) Dated 30.01.2024. The Assessment Was Framed By The Income Tax Officer, Ward 1, Hosur For The Assessment Year 2017-18 U/S.144 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 29.12.2019. 2. At The Outset, The Ld.Ar For The Assessee Stated That The Order Of Cit(A) Is Ex-Parte & There Is No Adjudication By Cit(A)-Nfac On Merits Of The Case. It Was Stated By Ld.Ar That Even On Jurisdictional Ground On New Issue Of 143(2) Of The Act, The Cit(A)-Nfac Has Not Properly Adjudicated The Issue. On Merits, The Issue Is Addition Made By The Ao Of Unexplained Cash Deposit Added U/S.69A Of The Act & Taxed U/S.115Bbe Of The Act Amounting To Rs.31,13,500/- & Assessing ‘Income From Other Sources’ At Rs.22,97,140/-. The Ld.Ar Stated That The Cit(A)-Nfac Has Given His Adjudication As Under:- 6. Ground No. 6: This Ground Pertains To Legality Of Assessment U/S 144 Without Issuance Of Notice U/S 143(2).

For Appellant: Shri T.S. Subramaniam, FCAFor Respondent: Shri AR.V. Sreenivasan, Addl.CIT
Section 115BSection 143Section 143(2)Section 144Section 69A

Meena Bharat Gohil, Mumbai vs. The Income Tax Officer Ward No 20(2)(2), Lalbaug Parel

In the result, these grounds of appeal of the assessee are restored back to the file of AO

ITA 4803/MUM/2023[2017-18]Status: DisposedITAT Mumbai24 Jun 2024AY 2017-18

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 4803/Mum/2023 (A.Y. 2017-18) Vs. Meena Bharat Gohil Ito, Ward-20(2)(2) Room No. 60, New Piramal Chamber Bhawan Chawl, Cotton Mumbai. Green, Veer Tanaji Malusare Marg, Kala Chowki S.O. Mumbai-400 033. Pan : Ajnpg2509G (Appellant) (Respondent) Assessee By Shri Satya Prakash Singh Department By Shri R.R. Makwana Date Of Hearing 04.06.2024 Date Of Pronouncement 24.06.2024 O R D E R 1. This Appeal Is Filed By Mrs. Meena Bharat Gohil (The Assessee/Appellant) Against The Appellate Order By The National Faceless Appeal Centre (Nfac, Delhi (The Learned Cit – A) For Assessment Year 2017 – 18 Dated 7/11/2023 Wherein The Appeal Filed By The Assessee Against The Assessment Order Passed Under Section 143 (3) Of The Income Tax Act 1961 (The Act) Dated 24/12/2019 Passed By The Income Tax Officer Ward – 20 (2) (2), Mumbai (The Learned Ao) Was Dismissed. 2. Assessee Aggrieved With The Same Is In Appeal Before Us Challenging The Order Passed By The Learned That Appellate Authority For Passing The Order Can The Addition Under Section 69A In Respect Of Rs. 4,605,000/- Cash Deposited During Demonetization In The Bank Account Of The Assessee Despite Providing Sufficient Explanation With Page 1 Of 6

Section 115BSection 133Section 142Section 143Section 69A