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

Gautam Babulal Jain, Surat vs. Income Tax Officer, Ward Circle 2(2), Surat

Appeal of the assessee is allowed

ITA 313/SRT/2024[2017-18]Status: DisposedITAT Surat07 Jul 2026AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyanishri Gautam Babulal Jain, Income Tax Officer, B 16, Ashok Nagar Society, Ward Circle 2(2), B/H M.S. Vidhyala, Room No.622, 6Th Floor, Kanraj Road, Vs. Aayakar Bhawan, Olpad, Near Majura Gate, Gujarat Opp Civil Hospital, Surat, Gujarat Pan:Adopj0447P (Appellant) : (Respondent) Assessee By : Shri Rasesh Shah, Ca Respondent By : Shri Ashish Kumar, Sr. Dr Date Of Hearing : 17.06.2026 Date Of Pronouncement : 07.07.2026 O R D E R Per : Suchitra Kamble, Jm: The Appeal Filed By The Assessee Is Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [In Short “Cit(A)”] Dated 30.01.2024 For The Assessment Year (In Short “Ay”) 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: “1. On The Facts & Circumstances Of The Case As Well As The Law On The Subject, The Learned Cit(A) Has Erred In Confirming The Actions Of The Assessing Officer In Making Addition Of Rs.36,67,012/- U/S 68 Of The I.T. Act On Account Of Alleged Unexplained Cash Credit. 2. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Cit(A) Has Erred In Confirming The Action Of Assessing Shri Gautam Babulal Jain

For Appellant: Shri Rasesh Shah, CAFor Respondent: Shri Ashish Kumar, Sr. DR
Section 115BSection 133(6)Section 142(1)Section 143(2)Section 68

Arihant Roller Flour Mills, Jind, Haryana vs. Income Tax Officer Ward 1 Jind, Haryana

The appeal of the assessee stand allowed

ITA 942/CHANDI/2026[2018-19]Status: DisposedITAT Chandigarh07 Jul 2026AY 2018-19

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.942/Chandi/2026 (िनधा"रणवष" / Assessment Year: 2018-19) M/S Arihant Roller Flour Mills Ito Ward – 1 बनाम/ Vs. Uchana S.O, Baroda, Jind Kothi No. 1234, Urban Estate Haryana – 126115 Jind, Haryana – 127306 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aamfa-5652-L (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Nikhil Goyal & Sh. Ashok Goyal (Advocates) – Ld. Ars ""थ"कीओरसे/Respondent By : Smt. Jaishree Sharma (Cit) - Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 04-06-2026 घोषणाकीतारीख /Date Of Pronouncement 07-07-2026 : आदेश / O R D E R Manoj Kumar Aggarwal () 1. By Way Of This Appeal, The Assessee Assails Invocation Of Revisionary Jurisdiction U/S 263 By Ld. Pr. Commissioner Of Income Tax, Rohtak (Pr. Cit) For The Assessment Year (Ay) 2018-19 Vide Impugned Order Dated 28-03-2026 Proposing Revision Of An Assessment As Framed By Ld. Assessing Officer [Ao] U/S.144 R.W.S. 260 R.W.S. 144B Of The Act On 16-02-2024 After Making Quantum Addition Of Rs.10.06 Lacs.

For Appellant: Sh. Nikhil Goyal and Sh. Ashok GoyalFor Respondent: Smt. Jaishree Sharma (CIT) - Ld. DR
Section 133(6)Section 139(1)Section 142(1)Section 144Section 148Section 263Section 270A

Deputy Commissioner of Income Tax Circle-1(1)(1), Vadodara vs. Rajesh Chimanlal Patel, Vadodara

In the result, the appeal filed by the Revenue as well as the Cross

ITA 530/AHD/2026[2020-21]Status: DisposedITAT Ahmedabad07 Jul 2026AY 2020-21

Bench: Shri Sanjay Garg & Smt. Annapurna Guptaआयकर अपील सं /Ita Nos. 468, 469 & 530/Ahd/2026 (Along With C.O. Nos. 16, 17 & 23/Ahd/2026) िनधा"रण वष" /Assessment Years : 2018-19, 2019-20 & 2020-21 बनाम/ Dcit, Rajesh Chimanlal Patel, Circle-1(1)(1), V S 202, Pavan Complex, Alkapuri, / . Vadodara Vadodara-390007 "थायी लेखा सं./Pan:Acqpp9018F (Appellant/Respondent) (Respondent/Cross Objector) Assessee By : Shri Darshan B. Gandhi, Adv. Revenue By : Shri Alpesh Parmar, Cit-Dr & Shri Ashok Kumar Suthar, Sr. Dr सुनवाई की तारीख/Date Of Hearing : 15/04/2026 घोषणा की तारीख /Date Of Pronouncement: 07/07/2026 आदेश/O R D E R Per Sanjay Garg: The Captioned Appeals By The Revenue & The Corresponding Cross Objections By The Assessee Have Been Preferred Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Ld. Cit(A)’] Of Even Dated 22/12/2025 Passed U/S. 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ay) 2018-19 To 2020-21 Respectively. Since Common Facts & Issues Are Involved In All The Captioned Appeals & Cross Objections, Hence, The Same Were Heard Together & Are Being Disposed Of By This Common Order. Revenue’S Appeal Ita No.468/Ahd/2026 Is Taken As The Lead Case For The Purpose Of Narration Of Facts.

For Appellant: Shri Darshan B. Gandhi, AdvFor Respondent: Shri Alpesh Parmar, CIT-DR &
Section 115BSection 133(6)Section 139(1)Section 145(3)Section 147Section 250Section 69C

Deputy Commissioner of Income Tax, Circle-1(1)(1), Vadodara vs. Rajesh Chimanlal Patel, Vadodara

In the result, the appeal filed by the Revenue as well as the Cross

ITA 469/AHD/2026[2019-20]Status: DisposedITAT Ahmedabad07 Jul 2026AY 2019-20

Bench: Shri Sanjay Garg & Smt. Annapurna Guptaआयकर अपील सं /Ita Nos. 468, 469 & 530/Ahd/2026 (Along With C.O. Nos. 16, 17 & 23/Ahd/2026) िनधा"रण वष" /Assessment Years : 2018-19, 2019-20 & 2020-21 बनाम/ Dcit, Rajesh Chimanlal Patel, Circle-1(1)(1), V S 202, Pavan Complex, Alkapuri, / . Vadodara Vadodara-390007 "थायी लेखा सं./Pan:Acqpp9018F (Appellant/Respondent) (Respondent/Cross Objector) Assessee By : Shri Darshan B. Gandhi, Adv. Revenue By : Shri Alpesh Parmar, Cit-Dr & Shri Ashok Kumar Suthar, Sr. Dr सुनवाई की तारीख/Date Of Hearing : 15/04/2026 घोषणा की तारीख /Date Of Pronouncement: 07/07/2026 आदेश/O R D E R Per Sanjay Garg: The Captioned Appeals By The Revenue & The Corresponding Cross Objections By The Assessee Have Been Preferred Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Ld. Cit(A)’] Of Even Dated 22/12/2025 Passed U/S. 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ay) 2018-19 To 2020-21 Respectively. Since Common Facts & Issues Are Involved In All The Captioned Appeals & Cross Objections, Hence, The Same Were Heard Together & Are Being Disposed Of By This Common Order. Revenue’S Appeal Ita No.468/Ahd/2026 Is Taken As The Lead Case For The Purpose Of Narration Of Facts.

For Appellant: Shri Darshan B. Gandhi, AdvFor Respondent: Shri Alpesh Parmar, CIT-DR &
Section 115BSection 133(6)Section 139(1)Section 145(3)Section 147Section 250Section 69C

Deputy Commissioner of Income Tax, Circle-1(1)(1), Vadodara vs. Rajesh Chimanlal Patel, Vadodara

In the result, the appeal filed by the Revenue as well as the Cross

ITA 468/AHD/2026[2018-19]Status: DisposedITAT Ahmedabad07 Jul 2026AY 2018-19

Bench: Shri Sanjay Garg & Smt. Annapurna Guptaआयकर अपील सं /Ita Nos. 468, 469 & 530/Ahd/2026 (Along With C.O. Nos. 16, 17 & 23/Ahd/2026) िनधा"रण वष" /Assessment Years : 2018-19, 2019-20 & 2020-21 बनाम/ Dcit, Rajesh Chimanlal Patel, Circle-1(1)(1), V S 202, Pavan Complex, Alkapuri, / . Vadodara Vadodara-390007 "थायी लेखा सं./Pan:Acqpp9018F (Appellant/Respondent) (Respondent/Cross Objector) Assessee By : Shri Darshan B. Gandhi, Adv. Revenue By : Shri Alpesh Parmar, Cit-Dr & Shri Ashok Kumar Suthar, Sr. Dr सुनवाई की तारीख/Date Of Hearing : 15/04/2026 घोषणा की तारीख /Date Of Pronouncement: 07/07/2026 आदेश/O R D E R Per Sanjay Garg: The Captioned Appeals By The Revenue & The Corresponding Cross Objections By The Assessee Have Been Preferred Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Ld. Cit(A)’] Of Even Dated 22/12/2025 Passed U/S. 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ay) 2018-19 To 2020-21 Respectively. Since Common Facts & Issues Are Involved In All The Captioned Appeals & Cross Objections, Hence, The Same Were Heard Together & Are Being Disposed Of By This Common Order. Revenue’S Appeal Ita No.468/Ahd/2026 Is Taken As The Lead Case For The Purpose Of Narration Of Facts.

For Appellant: Shri Darshan B. Gandhi, AdvFor Respondent: Shri Alpesh Parmar, CIT-DR &
Section 115BSection 133(6)Section 139(1)Section 145(3)Section 147Section 250Section 69C