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“investigation wing”

ReassessmentSection 147Section 14712,584 judgments

The decision most relied on for investigation wing is PCIT v. RMG Polyvinyl (I) Ltd. (396 ITR 5), cited in 272 judgments on BharatTax.

Leading authorities on investigation wing

PCIT v. RMG Polyvinyl (I) Ltd.
396 ITR 5 · 2017 · High Court
272
citing judgments

Reassessment based solely on information from the Investigation Wing, without the Assessing Officer conducting further inquiry or demonstrating an independent application of mind, is unjustified and invalid.

109 TTJ 700 (Del) SMC Share Brokers Ltd. v. DCIT
293 ITR 43 · 2007 · High Court
264
citing judgments

Where an assessment order is merely a copy-paste of observations from an investigation wing's appraisal report without independent verification, it is not a valid basis for making additions to income.

Sarthak Securities Co. Pvt. Ltd. v. ITO
329 ITR 110 · 2010 · High Court
217
citing judgments

Reassessment proceedings under Section 147 are invalid if the Assessing Officer records satisfaction based on borrowed satisfaction or information without independently applying their mind and forming their own 'reason to believe' that income has escaped assessment. The AO must arrive at an independent conclusion, not merely act on a report from an investigation wing without due diligence.

ITO, 19(3) (4) Mumbai v. Shamim M Bharwani
69 Taxmann.com 65 · 2016 · Reported
142
citing judgments

Long Term Capital Gains (LTCG) from penny stock transactions are liable to be treated as bogus and added back under Section 68 as unexplained cash credits, especially when evidence suggests the involvement of entry operators providing accommodation entries.

1. Harikishan S. Virmani v. DCIT
394 ITR 146 · 2017 · High Court
97
citing judgments

Reassessment proceedings under section 147 cannot be initiated by the Assessing Officer based on borrowed satisfaction, vague information from the Investigation Wing, or incorrect jurisdictional facts without independent application of mind. Reopening beyond four years from the end of the relevant assessment year, especially where an original assessment was completed under section 143(3), requires specific conditions relating to the assessee's failure to disclose material facts.

ITO v. Purushottam Das Bangur
224 ITR 362 · 1997 · Supreme Court
90
citing judgments

Information received from the investigation wing constitutes valid 'reason to believe' for initiating reassessment proceedings under Sections 147/148, provided the Assessing Officer applies their mind to the material and does not act mechanically. Prompt issuance of a notice based on such information does not automatically imply a lack of due diligence or borrowed satisfaction.

AGR Investment v. Additional Commissioner
197 Taxmann 177 · 2011 · High Court
81
citing judgments

A reassessment under Section 147/148 is valid if initiated based on specific, non-vague information, even from an investigation wing, provided the Assessing Officer applies independent mind to form a 'reason to believe' that income has escaped assessment.

56 (Guj.) (para 6) v. Aaspas Multimedia Ltd. v. Dy. CIT
83 Taxmann.com 82 · 2017 · High Court
78
citing judgments

Information received from the Investigation Wing, identifying the assessee as a beneficiary of accommodation entries through share application from a third party, constitutes valid tangible material and 'reasons to believe' for initiating reassessment proceedings under Section 147 of the Income Tax Act.

Judgments citing investigation wing

Vipin Jain & Sons HUF, Delhi vs. ITO, Ward- 56(2), New Delhi

In the result, the appeal filed by the assessee is allowed

ITA 910/DEL/2019[2015-16]Status: DisposedITAT Delhi09 Apr 2025AY 2015-16

Bench: Shris.Rifaur Rahman & Ms. Madhumita Royvipin Jain & Sons Huf, Vs. Ito, Ward 56 (2), C/O Akhilesh Kumar, Advocate New Delhi. 206 -207, Ansal Satyam, Rdc, Ghaziabad – 201 002 (Uttar Pradesh). (Pan : Aadhv8042G) (Appellant) (Respondent) Assessee By : Shri Rohit Tiwari, Advocate Ms. Tanya, Advocate Revenue By : Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing : 11.02.2025 Date Of Order : 09.04.2025 O R D E R Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-19, New Delhi[“Ld. Cit(A)”, For Short] Dated 12.12.2018 For The Assessment Year 2015-16 Raising Following Grounds Of Appeal :- “1. Because The Order Of Learned Lower Authority Is Bad In Law & Against The Facts & Circumstances Of The Case & Hence Is Unsustainable. 2. Because Ld. Cit (A) Grossly Erred In Law In Sustaining The Addition Of Rs.4,27,01,703/-, Being Total Sale Consideration Of Shares U/S 68 Of The Act While Said Amount Is Neither Credited To Books Of Account In The Absence Of Any Accounts Nor Source Of Said Amount Is Under Doubt, Hence Addition Is Beyond The Scope Of Provision.

For Appellant: Shri Rohit Tiwari, AdvocateFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 10Section 10(38)Section 143(2)Section 68

note that the company has not been under scrutiny or action by any regulatory agencies, including SEBI, the Income Tax Department, or any investigative wing. The company’s unblemished record further dispels allegations of price rigging or manipulation that might otherwise cast doubt on the transactions in question. The unimpeachable ... Section 10(38), in a pre-planned manner to evade taxes. The AO extensively relied upon the search and survey operations conducted by the Investigation Wing of the Income Tax Department in Kolkata, Delhi, Mumbai and Ahmedabad on penny stocks, which sets out the modus operandi adopted in the business

ACIT, New Delhi vs. M/S. Linkwise Marketing Pvt. Ltd., Kolkata

In the result, the appeal of the Revenue is dismissed

ITA 6659/DEL/2016[2013-14]Status: DisposedITAT Delhi09 Apr 2025AY 2013-14

Bench: Shri Satbeer Singh Godara & Shris.Rifaur Rahmanacit, Central Circle 3, Vs. M/S. Linkwise Marketing Private Ltd., New Delhi. Room No.107, Anand Jyoti Building, Netaji Subhas Road, Kolkata – 711 204 (West Bengal). (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate Revenue By : Ms. Baljeet Kaur, Cit Dr Date Of Hearing : 28.01.2025 Date Of Order : 09.04.2025 O R D E R Per S. Rifaur Rahman: 1. The Revenue Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-23, New Delhi [For Short “Ld. Cit(A)”] Dated 26.10.2016 For The Assessment Year 2013-14 Raising Following Grounds Of Appeal :- “1. The Order Of Ld. Cit (A) Is Not Correct In Law & On Facts. 2. On The Facts & Circumstances Of The Case, The Cit(A) Has Erred In Deleting The Addition Of Rs.3,00,00,000/- Made By A0 On Account Of Cash Credit In The Form Of Shares.

For Appellant: Shri Ved Jain, AdvocateFor Respondent: Ms. Baljeet Kaur, CIT DR
Section 127Section 132Section 143(2)Section 153ASection 153C

Trinity Shipping and Allied Services Pvt. Ltd., statement of Shri Solly Perumal was again recorded wherein he has endorsed his statement recorded by the investigation wing and the assessee was given an opportunity to cross examine but the assessee chosen not to avail this opportunity. AO observed that

Aldiablos Infotech Private Limited, Ahmedabad vs. The Income Tax Officer, Ward-1(1)(1), Ahmedabad

In the result, all the appeals of the assessee are allowed for statistical

ITA 353/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad08 Apr 2025AY 2013-14

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita Nos.353, 354, 355, 356 & 357/Ahd/2024 निर्धारण वर्ष / Assessment Years : 2013-14, 2014-15, 2015-16, 2016-17 & 2017-18 Aldiablos Infotech Pvt.Ltd. 1St Floor, Mauryansh Elanza, Shyamal Cross Road, Ahmedabad – 380 015 बनाम/ V/S. The I.T.O. Ward-1(1)(1), Ahmedabad स्थायी लेखा सं./Pan: Aakca 3027 E Assessee By: Shri P.F. Jain, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 02/04/2025 घोषणा की तारीख / Date Of Pronouncement: 08/04/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: These Five Appeals Have Been Preferred By The Assessee Against The Orders Passed By The Ld.Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)"], For The Assessment Years (Ays) 2013-14 To 2017-18 Arising From The Orders Passed By The Assessing Officer (Hereinafter Referred To As “Ao") U/S 143(3) R.W.S.147 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act). Since Common Issues Are Involved, All These Appeals Are Disposed Of By This Consolidated Order.

For Appellant: Shri P.F. Jain, ARFor Respondent: Shri Rignesh Das, Sr.DR
Section 115BSection 142(1)Section 143(3)Section 144Section 147Section 68Section 69A

company engaged in software-related services. In all years under consideration, the assessments were reopened under Section 147 based on information received from the Investigation Wing regarding substantial cash deposits made in the assessee's bank accounts which were not reconciled with the returned income. In case ... Asst. Years: 2013-14 to 2017-18 9 captioned assessment years were initiated merely on the basis of information received from the Investigation Wing relating to cash deposits in bank accounts without independent application of mind by the AO. It was argued that in all cases, the AO has mechanically