← 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

Assisstant Commissioner of Income Tax, Circle 20(1), Mumbai vs. Jignesh Harshad Mehta, Mumbai

In the result, appeals of the assessee and revenue are partly allowed

ITA 3182/MUM/2024[2012-13]Status: DisposedITAT Mumbai23 Aug 2024AY 2012-13

Bench: Shri Pavan Kumar Gadale & Smt. Renu Jauhrijignesh Harshad Mehta V/S. National Faceless Appeal 16/40, 10Th Floor, बनाम Centre, Delhi Navjeevan Society, Mumbai Central, Mumbai-400008 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aabpm4811C Appellant/अपीलार्थी .. Respondent/प्रतिवादी Assistant Commissioner Of V/S. Jignesh Harshad Mehta Income Tax, Circle 20(1) बनाम 16/40, 10Th Floor, 6Th Floor, Piramal Navjeevan Society, Mumbai Chambers, Lalbaug, Central, Lower Parel, Mumbai-400008 Mumbai-400012 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aabpm4811C Appellant/अपीलार्थी .. Respondent/प्रतिवादी

For Appellant: Shri Madhur AggarwalFor Respondent: Shri Krishnakumar
Section 143(1)Section 143(3)Section 147Section 148Section 250Section 69C

appreciated the facts of the case and modus operandi as a detailed investigation has been carried out by the Investigation Wing in the case of Rajendra Jain or his group entities." 2. "Whether on the facts and in circumstances of the case ... total income of Rs. 10,42,328/-. The return was processed u/s 143(1) of the Act. Subsequently, the AO received information from the Investigation Wing regarding accommodation entries taken by the assessee from Rajendra Jain Group Concerns. Accordingly, the case was reopened u/s 148 of the Act. The assessee

Jignesh Harshad Mehta, Mumbai vs. Commissioner of Income Tax (Appeals), Delhi

In the result, appeals of the assessee and revenue are partly allowed

ITA 2680/MUM/2024[2012-13]Status: DisposedITAT Mumbai23 Aug 2024AY 2012-13

Bench: Shri Pavan Kumar Gadale & Smt. Renu Jauhrijignesh Harshad Mehta V/S. National Faceless Appeal 16/40, 10Th Floor, बनाम Centre, Delhi Navjeevan Society, Mumbai Central, Mumbai-400008 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aabpm4811C Appellant/अपीलार्थी .. Respondent/प्रतिवादी Assistant Commissioner Of V/S. Jignesh Harshad Mehta Income Tax, Circle 20(1) बनाम 16/40, 10Th Floor, 6Th Floor, Piramal Navjeevan Society, Mumbai Chambers, Lalbaug, Central, Lower Parel, Mumbai-400008 Mumbai-400012 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aabpm4811C Appellant/अपीलार्थी .. Respondent/प्रतिवादी

For Appellant: Shri Madhur AggarwalFor Respondent: Shri Krishnakumar
Section 143(1)Section 143(3)Section 147Section 148Section 250Section 69C

appreciated the facts of the case and modus operandi as a detailed investigation has been carried out by the Investigation Wing in the case of Rajendra Jain or his group entities." 2. "Whether on the facts and in circumstances of the case ... total income of Rs. 10,42,328/-. The return was processed u/s 143(1) of the Act. Subsequently, the AO received information from the Investigation Wing regarding accommodation entries taken by the assessee from Rajendra Jain Group Concerns. Accordingly, the case was reopened u/s 148 of the Act. The assessee

Anchita Properties Pvt. Ltd., Kolkata vs. ITO, Ward-12(1), Kolkata.

In the result, both the appeals of the assessee are allowed

ITA 637/KOL/2024[2013-14]Status: DisposedITAT Kolkata22 Aug 2024AY 2013-14

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. No. 637/Kol/2024 Assessment Year: 2013-2014 Anchita Properties Pvt. Limited,………………Appellant 29, Collotola Street, Kolkata-700029 [Pan:Aahca9115E] -Vs.- Income Tax Officer,………………………….……Respondent Ward-12(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 & I.T.A. No. 1067/Kol/2024 Assessment Year: 2013-2014 Anchita Properties Pvt. Limited,………………Appellant 29, Collotola Street, Kolkata-700029 [Pan:Aahca9115E] -Vs.- Principal Commissioner Of Income Tax,…Respondent Pcit, Kolkata-2, Office Of The Income Tax Officer, Ward-12(1), Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069

Section 133(6)Section 139(1)Section 143(2)Section 143(3)Section 147Section 148Section 250Section 263Section 68

those entities have been used as intermediary for routing of unaccounted fund of different beneficiary parties. While examining the information disseminated by the investigation wing it is observed that the account of Smart Udyog A/c No. 1784000002215 was opened with Yes Bank Limited and funds were credited/debited in form ... duly recorded the reasons for re-opening the assessment. There was tangible material on record in form of information from Directorate of Investigation Wing, Kolkata and the ITO, Ward- 10(4), Kolkata to form a ‘reason to believe' that income has escaped assessment. The reopening of the assessment was found

Anchita Properties Pvt. Ltd., Kolkata vs. P.C.I.T., Kolkata - 2, Kolkata

In the result, both the appeals of the assessee are allowed

ITA 1067/KOL/2024[2013-2014]Status: DisposedITAT Kolkata22 Aug 2024AY 2013-2014

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. No. 637/Kol/2024 Assessment Year: 2013-2014 Anchita Properties Pvt. Limited,………………Appellant 29, Collotola Street, Kolkata-700029 [Pan:Aahca9115E] -Vs.- Income Tax Officer,………………………….……Respondent Ward-12(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 & I.T.A. No. 1067/Kol/2024 Assessment Year: 2013-2014 Anchita Properties Pvt. Limited,………………Appellant 29, Collotola Street, Kolkata-700029 [Pan:Aahca9115E] -Vs.- Principal Commissioner Of Income Tax,…Respondent Pcit, Kolkata-2, Office Of The Income Tax Officer, Ward-12(1), Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069

Section 133(6)Section 139(1)Section 143(2)Section 143(3)Section 147Section 148Section 250Section 263Section 68

those entities have been used as intermediary for routing of unaccounted fund of different beneficiary parties. While examining the information disseminated by the investigation wing it is observed that the account of Smart Udyog A/c No. 1784000002215 was opened with Yes Bank Limited and funds were credited/debited in form ... duly recorded the reasons for re-opening the assessment. There was tangible material on record in form of information from Directorate of Investigation Wing, Kolkata and the ITO, Ward- 10(4), Kolkata to form a ‘reason to believe' that income has escaped assessment. The reopening of the assessment was found