Income Tax Department

Ministry of Finance, Government of India

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Section 115BBE

Tax on income referred to in section 68 or section 69 or section 69A or section 69B or section 69C or section 69D

Section

Section Number

115BBE

Chapter

CHAPTER XII - DETERMINATION OF TAX IN CERTAIN SPECIAL CASES

Act

Income-tax Act, 1961

Year

2016

Tax on income referred to in section 68 or section 69 or section 69A or section 69B or section 69C or section 69D

Tax on income referred to in section 68 or section 69 or section 69A or section 69B or section 69C or section 69D

46 [Tax on income referred to in section 68 or section 69 or section 69A or section 69B or section 69C or section 69D.

115BBE. (1) Where the total income of an assessee includes any income referred to in section 68, section 69, section 69A, section 69B, section 69C or section 69D, the income-tax payable shall be the aggregate of—

(a)   the amount of income-tax calculated on income referred to in section 68, section 69, section 69A, section 69B, section 69C or section 69D , at the rate of thirty per cent; and
(b)   the amount of income-tax with which the assessee would have been chargeable had his total income been reduced by the amount of income referred to in clause (a).

Following sub-section (1) shall be substituted for the existing sub-section (1) of section 115BBE by the Taxation Laws (Second Amendment) Act, 2016, w.e.f. 1-4-2017 :

(1) Where the total income of an assessee,—

(a)   includes any income referred to in section 68, section 69, section 69A, section 69B, section 69C or section 69D and reflected in the return of income furnished under section 139; or
(b)   determined by the Assessing Officer includes any income referred to in section 68, section 69, section 69A, section 69B, section 69C or section 69D, if such income is not covered under clause (a),

the income-tax payable shall be the aggregate of—

(i)   the amount of income-tax calculated on the income referred to in clause (a) and clause (b), at the rate of sixty per cent; and
(ii)   the amount of income-tax with which the assessee would have been chargeable had his total income been reduced by the amount of income referred to in clause (i).

(2) Notwithstanding anything contained in this Act, no deduction in respect of any expenditure or allowance 46a[or set off of any loss] shall be allowed to the assessee under any provision of this Act in computing his income referred to in clause (a) of sub-section (1).]


Footnotes