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

Assam Timber Traders, Jaipur vs. Pr.CIT-1, Jaipur

In the result, this appeal of the assessee is allowed for statistical purposes only

ITA 17/JPR/2021[2016-17]Status: DisposedITAT Jaipur08 Sept 2021AY 2016-17

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 17/Jp/2021 Assessment Year: 2016-17 Assam Timber Traders, Cuke Pr.Cit-1 Vs. D-8, Kabir Marg, Bani Park, Jaipur. Jaipur. Pan No.: Aacfa 8222 C Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri S.L. Poddar (Adv) Jktlo Dh Vksj Ls@ Revenue By : Shri B.K. Gupta (Pr.Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 17/08/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 08/09/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Pr.Cit-1, Jaipur Dated 30/03/2021 Passed U/S 263 Of The Income Tax Act, 1961 (In Short, The Act) For The A.Y. 2016-17. The Assessee Has Raised Following Grounds Of Appeal: “1. Under The Facts & Circumstances Of The Case The Learned Pr.Cit- 1, Jaipur Erred In Passing The Order U/S 263 Of The It Act 1961 Which Is Void Ab-Initio Deserves To Be Quashed. 2. Under The Facts & Circumstances Of The Case The Learned Principal Commissioner Of Income Tax Has Erred & Passing The Order U/S 263 Of Income Tax Act, 1961 On The Grounds Which Are Not Prejudicial To The Interest Of The Revenue Or Erroneous.

For Appellant: Shri S.L. Poddar (Adv)For Respondent: Shri B.K. Gupta (Pr.CIT-DR)
Section 115Section 115BSection 143(3)Section 236Section 263Section 40Section 69

Mr.Shafaat M Husain, Mumbai vs. ACIT - 17(3), Mumbai

In the result, the appeal of the assessee is allowed

ITA 5371/MUM/2018[2013-14]Status: DisposedITAT Mumbai02 Sept 2021AY 2013-14

Bench: Shri Rajesh Kumar & Shri Amarjit Singhassessment Year: 2013-14 Mr. Shafaat M. Husain, Acit – 17(3) 11, Jolly Maker Apts Iii, Mumbai - 400007 Cuffe Parade, Vs. Colaba, Mumbai – 400 005 Pan: Aaaph5013Q (Appellant) (Respondent) Present For: Assessee By : Shri Ritu Kamal Kishor, A.R. Revenue By : Shri T. Khalsa, D.R. Date Of Hearing : 07.07.2021 Date Of Pronouncement : 02.09.2021 O R D E R Per Rajesh Kumar: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 04.07.2018 Of The Commissioner Of Income Tax (Appeals) [Hereinafter Referred To As The Cit(A)] Relevant To Assessment Year 2013-14. 2. The Assessee Has Raised The Following Grounds: “1. A) The Ld. Cit (A) Has Erred In Passing An Order Without Giving An Opportunity To Explain The Case. The Same Be Considered & Addition Be Deleted. B) The Ld. Cit (A) Erred In Not Accepting The Plea Of The New Authorized Representative Of The Assessee With Regard To The Date Of Hearing. The Same Be Considered & An Opportunity Be Given. 2. A) Without Prejudice To The Above, The Ld. Cit (A) Grossly Erred In Not Considering The Amount Of Rs. 4,39,07,574/- Being Inheritance From His Father By Way Of Will. The Same Be Considered & Addition Be Deleted B) The Ld. Cit (A) Has Failed To Consider That The Assessee'S Father Was A Renowned Painter & Hence His Credibility Could Not Be Doubted. The Same Be Considered & Addition Be Deleted.

For Appellant: Shri Ritu Kamal Kishor, A.RFor Respondent: Shri T. Khalsa, D.R
Section 115BSection 133(6)Section 143(1)Section 143(3)Section 68Section 69A