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        Budget

        Rationalisation of the provisions of section 115BBE

        February 5, 2018

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        Rationalisation of the provisions of section 115BBE

        Section 115BBE provides for tax on income referred to in section 68 or section 69 or section 69A or section 69B or section 69C or section 69D at a higher rate of sixty percent.

        Sub-section (2) of said section provides that no deduction in respect of any expenditure or allowance or set-off of any loss shall be allowed to the assessee under any provision of the Act in computing his income referred to in clause (a) of sub-section (1).

        In order to rationalize the provisions of section 115BBE, it is proposed to amend the said sub-section (2) so as to also include income referred to in clause (b) of sub-section (1).

        This amendment will take effect retrospectively from 1st April, 2017 and will, accordingly, apply in relation to the assessment year 2017-2018 and subsequent years.

        [Clause 34]

        Tax on undisclosed income: deduction disallowance extended to additional income category with retrospective effect from prior year. Section 115BBE levies a higher rate tax on income referred to in specified provisions and sub section (2) disallows any deduction, allowance, or set off of losses for income in clause (a) of sub section (1); the amendment extends that disallowance to income in clause (b) of sub section (1), and is effective retrospectively from 1 April 2017 for assessment year 2017 18 and onwards.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Tax on undisclosed income: deduction disallowance extended to additional income category with retrospective effect from prior year.

                                Section 115BBE levies a higher rate tax on income referred to in specified provisions and sub section (2) disallows any deduction, allowance, or set off of losses for income in clause (a) of sub section (1); the amendment extends that disallowance to income in clause (b) of sub section (1), and is effective retrospectively from 1 April 2017 for assessment year 2017 18 and onwards.


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