Allowing the appeal of the revenue the Court held that the question before the Tribunal was with regard to the applicability of section 115BBE which came into effect from April 1, 2017. Based on the contention of the Department that section 115BBE was introduced to clarify the ambiguity that prevailed in respect of unexplained expenditure under section 69C and that the provision being clarificatory would be retrospective and the submission of the assessee that the expenditure was recorded in the books of account, the Tribunal had held that when the expenditure was recorded in the books of account, it could not be said that the assessee could not explain the source of income for meeting such expenditure. The Central Board of Direct Taxes has issued Circular No. 11 of 2019 dated June 19, 2019 ([2019] 415 ITR (St.) 204) which also needed to be considered into as regards the effect of the introduction of section 115BBE. Matter remanded. (AY.2008-09)