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

Anantpur Kalpana, Gangavathi vs. Income Tax Officer, Ward-1, Bangalore

In the result, appeal of the assessee is allowed

ITA 541/BANG/2021[2017-18]Status: DisposedITAT Bangalore13 Dec 2021AY 2017-18

Bench: Shri N.V. Vasudevanassessment Year : 2017-18 Anantpur Kalpana, Vs. Ito, 1/1/1, Mahalaxmi Enterprises, Ward – 1, Hosakeri, Building Bamboo Bazar, Koppal. Gangavathi – 583 227, Karnataka. Pan : Clepk 8005 L Assessee By : Shri. Raghavendra Chakravarthy, Ca Revenue By : Shri. Ganesh R. Ghale, Standing Counsel For The Department Date Of Hearing : 09.12.2021 Date Of Pronouncement : 13.12.2021 O R D E R Er N. V. Vasudevanthis Is An Appeal Filed By The Assessee Against Order Dated 16.08.2021 Of Cit(A) National Faceless Appeal Centre (Nfac), Delhi, Relating To Assessment Year 2017-18. 2. The Assessee Is An Individual. She Is Proprietrix Of A Business In The Name & Style Of Mahalaxmi Enterprises. The Business Consists Of Dealing In Beedi, Tea Powder & Pan Masala. For Assessment Year 2017-18, The Assessee Filed Return Of Income Declaring Total Income Of Rs.4,49,520/-. In The Course Of Assessment Proceedings, The Ao Noticed That There Were Several Cash Deposits In The Two Bank Accounts Of The Assessee. Out Of The Aforesaid Cash Deposits, The Ao Culled Out, The Deposits That Was Made Of Bank Notes That Were Declared As Not Legal Tender Owing To Demonetization Of Currency. The Details Of The Total Cash Deposits Made By The Assessee In Her Bank Account & The Cash Deposits Of Cash/Currency Notes That Were Declared As Not Page 2 Of 8

For Appellant: Shri. Raghavendra Chakravarthy, CAFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel for the Department
Section 115BSection 68

Ganeshan Manimaran, Bangalore vs. Commissioner of Income Tax (Appeal), Bangalore

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

ITA 351/BANG/2021[2017-18]Status: DisposedITAT Bangalore13 Dec 2021AY 2017-18

Bench: Shri N.V. Vasudevanassessment Year : 2017-18 Ganeshan Manimaran, Vs. Ito, No.405, Elegantsplendor 102 1St Floor, Ward – 1(2)(2), 7Th Main, Hrbr Layout, 1St Block, Bengaluru. Kalyanagar, Bengaluru – 560 043. Pan : Acxpm 9353 R Assessee By : Shri. Sanjay B Chikkamath, Ca Revenue By : Shri. Ganesh R. Ghale, Standing Counsel For The Department Date Of Hearing : 09.12.2021 Date Of Pronouncement : 13.12.2021 O R D E R Er N. V. Vasudevanthis Is An Appeal Filed By The Assessee Against Order Dated 12.05.2021 Of Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Relating To Assessment Year 2017-18. 2. The Assessee Is An Individual. He Filed Return Of Income For Assessment Year 2017-18 Declaring A Total Income Of Rs.11,54,750/-. The Assessee Had Deposited Cash In 2 Bank Accounts Maintained By Him In Canara Bank, Cox Town, Bengaluru, Totaling A Sum Of Rs.30,30,318/-. The Assessee Was Called Upon To Explain The Source Of Funds Out Of Which The Aforesaid Cash Deposits Were Made Especially During The Demonetization Period. Since There Was No Response From The Assessee, The Cit(A) Added A Sum Of Rs.30,30,318/- As Unexplained Cash Deposits Under Section 68 Of The Act & Computed Tax Liability As Per The Provisions Of Section 115Bbe Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). Page 2 Of 4

For Appellant: Shri. Sanjay B Chikkamath, CAFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel for the Department
Section 115BSection 249Section 68