Ekta Housing Pvt. Ltd. v. Dy. CIT (2021) 89 ITR 56 (Mum.)(Trib.)

S. 115BBE : Tax on specified income-Income from undisclosed income-Setting off any loss-Restrictions applicable prospectively with effect from 1-4-2017. [S. 68, 69, 69A, 69B, 69C]

Section 115BBE of the Income-tax Act, 1961 was brought on the statute by the Finance Act, 2012 with effect from April 1, 2012. The embargo against setting off any loss while computing the assessee’s income referred to in sections 68, 69, 69A, 69B, 69C and 69D of the Act included in the return of income filed by the assessee under section 139 of the Act was effective from April 1, 2017. This restriction was extended to incomes under these sections determined by the Assessing Officer and not forming part of the returned income. Thus, the provision of section 115BBE was applicable prospectively with effect from April 1, 2017 and is not applicable for earlier years. (AY.2013-14, 2014-15, 2015-16, 2016-17)