← All Phrases

“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

Bhawani Castings Private Limited, Delhi vs. Deputy Commissioner of Income Tax, New Delhi

In the result, appeal of assessee is allowed

ITA 1362/DEL/2024[2018-19]Status: DisposedITAT Delhi19 Nov 2024AY 2018-19

Bench: Shri Vikas Awasthy & Shri Naveen Chandraआअसं.1362/िद"ी/2024 (िन.व. 2018-19) Bhawani Castings P. Ltd., Kn/F-1, Gali No. 10, Anand Parbat, ...... अपीलाथ"/Appellant Industrial Area, Delhi 110005 Pan: Aaacb-4622-Q बनाम Vs. Deputy Commissioner Of Income Tax, ..... "ितवादी/Respondent Circle 4(2), C.R Building, New Delhi अपीलाथ" "ारा/ Appellant By : S/Shri Ashwani Kumar & Ankur Agarwal, Chartered Accountants "ितवादी"ारा/Respondent By : Ms. Kirti Sankratyayan, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 06/11/2024 घोषणा क" ितिथ/ Date Of Pronouncement : : 19/11/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 21.02.2024, For Assessment Year 2018-19. 2. The Assessee Has Challenged The Order Of Cit(A) On Following Grounds:

For Appellant: S/Shri Ashwani Kumar &For Respondent: Ms. Kirti Sankratyayan, Sr. DR
Section 147Section 148ASection 250

Industries. The AO has made addition, based on the statement of one Shri Deepak Sharma alleged to have been recorded by the Investigation Wing. The said statement is at page 35 of the 3 paper book. The ld. AR of the assessee pointed that the said statement was recorded

Pondicherry Agro Foods Pvt. Ltd., Chennai vs. ITO, Corporare Ward-5(2), Chennai

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

ITA 1753/CHNY/2024[2013-14]Status: DisposedITAT Chennai18 Nov 2024AY 2013-14

Bench: Shri George George Kand Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 1753/Chny/2024 िनधा"रण वष"/Assessment Year: 2013-14 Pondicherry Agro Foods P Ltd., The Income Tax Officer, No.1B, 1St Floor, Arihant Jashn, Vs. Corporate Ward -5(2), Rukmani Lakshmipathy Salai, Chennai. 38 (Old 121), Egmore, Chennai – 600 008. Pan: Aaacp 4418N (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Anandd Babunath, Ca ""यथ" क" ओर से/Respondent By : Ms. Gouthami Manivasagam, Jcit

For Appellant: Shri Anandd Babunath, CAFor Respondent: Ms. Gouthami Manivasagam, JCIT
Section 12ASection 143Section 143(3)Section 250Section 35(1)Section 35(1)(ii)

als0 arranged cross-examination al Calcutta which facility could not be availed by the appellant. AO has given all the material received by the Investigation Wing of Calcutta to the appellant to substantiate its claim. It is trite law that admitted facts need no further explanation. The entire modus operandi ... amount in cash through various intermediaries and entire accommodation entries of bogus donations were facilitated by various brokers. Consequent to the findings of the investigation wing, Kolkata the CBDT vide its order dated 15.09.2016 has withdrawn the approval granted u/s 35(1)(i) of the IT, Act w.e.f

Assistant Commissioner of Income Tax Central Circle1-(1), Hyderabad vs. Anand'S Gold Private Limited, Hyderabad

In the result, appeal filed by the Revenue is dismissed

ITA 100/HYD/2021[2017-18]Status: DisposedITAT Hyderabad13 Nov 2024AY 2017-18

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.100/Hyd/2021 (निर्धारण वर्ा/Assessment Year: 2017-18) Acit Vs. Anand’S Gold Private Central Circle-1(1) Limited Hyderabad Hyderabad [Pan : Aabcu0225F] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri Shashank Dundu, Ar रधजस् व द्वधरध/Revenue By:: Shri Shiva Sewak, Cit, Dr सुिवधई की तधरीख/Date Of Hearing: 29/10/2024 घोर्णध की तधरीख/Pronouncement: 13/11/2024 आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Revenue Is Directed Against The Order Dated 11/11/2020 Of The Learned Commissioner Of Income Tax (Appeals) [Learned Cit(A)] Relating To A.Y.2017-18. 2. Brief Facts Of The Case Are That The Assessee Company Is Engaged In The Business Of Trading In Bullion & Gold Jewellery & Other Precious Metals. The Assessee Has Filed Return Of Income For The A.Y.2017-18 On 31/10/2017, Declaring Total Income Of Rs.1,54,546/-. The Case Was Selected For Scrutiny & During The Course Of Assessment Proceedings, The Assessing

For Appellant: Shri Shashank Dundu, ARFor Respondent: : Shri Shiva Sewak, CIT, DR
Section 68

should be deleted. 5 4. Learned CIT(A) after considering the submissions of the assessee and also taking note of enquiry conducted by the Investigation Wing in respect of cash deposited during demonetization period observed that, the Assessing Officer erred in comparing cash in hand maintained by the assessee during ... assessee does not explain the credits with necessary evidence. Learned DR further referring to report of investigation carried out by the DDIT (Investigation) Wing-2, Hyderabad submitted that the report has brought out clear fact to the effect that the sales and purchases reported by the assessee is not genuine