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

Shree Murlidhar Jewellers, Jamnagar vs. The Pr.CIT-IV, Jamnagar

In the result, the appeal of the assessee is allowed

ITA 27/RJT/2020[2016-17]Status: DisposedITAT Rajkot02 Aug 2023AY 2016-17

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarassessment Year :2016-17 Shree Murlidharjewellers Vs. The Pr.Cit-4 Chandi Bazar Jamnagar. Jamnagar 361 001. Pan : Aaifs 4781 N अपीलाथ"/ (Appellant) "" यथ"/(Respondent) Assesseeby : Shri D.M. Rindani, Ar Revenue By : Shri Shramdeep Sinha, Ld.Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 17/05/2023 घोषणा क" तार"ख /Date Of Pronouncement: 02/08/2023 आदेश/O R D E R Per Annapurna Guptapresent Appeal Has Been Filed By The Assessee Against Order Passed By The Ld.Pr.Commissioner Of Income-Tax)-4, Jamnagar [Hereinafter Referred To As “Ld.Pr.Cit)”] Dated 11.12.2019In Exercise Of His Revisionary Power Under Section 263 Of The Income Tax Act , 1961 ("The Act" For Short) Over The Assessment Order Passed U/S 143(3) Of The Act Pertaining To Asst.Year 2016-17. 2. The Assessee Has Raised The Following Grounds Before Us: I) The Learned Principal Commissioner Of Income-Tax - 4, Jamnagar Erred In Assuming Jurisdiction U/S 263 Of The Act, Particularly In The Light Of Reasons Stated By Him In The Show Cause Notice & In The Order Passed U/S 263 Of The Act & Hence The Impugned Order Is Bad In Law. 2 Ii) The Learned Principal Commissioner Of Income-Tax - 4, Jamnagar Erred In Directing The Assessing Officer To Make Addition Of Rs. 70,89,098/- U/S 69 Of The Act By Failing To Appreciate That Provisions Of Section 69 Were Not Attracted In.”

For Appellant: Shri D.M. Rindani, ARFor Respondent: Shri Shramdeep Sinha, ld.CIT-DR
Section 115BSection 143(3)Section 263Section 69

Vishal Vinimay Pvt. Ltd., Howrah vs. DCIT, Cir-13(2), Kol, Kolkata

In the result, the appeal of the assessee is treated as allowed for statistical purposes

ITA 528/KOL/2023[2015-16]Status: DisposedITAT Kolkata01 Aug 2023AY 2015-16

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.528/Kol/2023 Assessment Year: 2015-16 Vishal Vinimay Pvt. Ltd...……...................................................……Appellant 129/1, Salkia School Road, Opposite Hooghly Dock, Howrah-711106. [Pan: Aaaccv3934H] Vs. Dcit, Circle-13(2), Kolkata......................……........……...…..…..Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 01, 2023 Date Of Pronouncing The Order : August 01, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 30.03.2023 Of The National Faceless Appeal Centre (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. For That Based On The Facts & Circumstance Of Case As Well As In The Law The Ld Cit Was Not Justified In Upholding The Addition Of Rs 18,17,170/- Made By The Ld Assessing Officer Merely On The Basis Of On The Comparative Emanation From Last Year'S Cost Of Material Consumed Without Considering Of The Fact That There Has Been Technological Upgradation In The Products Dealt In By The Assessee Therefore Drastic Fall

Section 115BSection 144Section 250Section 68