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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

Rewin Ceramics Pvt Ltd, New Delhi vs. ITO Ward - 21(3), New Delhi

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

ITA 4580/DEL/2019[2010-11]Status: DisposedITAT Delhi18 Jul 2024AY 2010-11

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI SUDHIR PAREEK (Judicial Member)

Section 133(6)Section 142(1)Section 143(1)Section 143(2)Section 148Section 68

discussed the modus of operandi operated by Himanshu Verma Group in providing accommodation entries and further relied on the detailed findings of the Investigation Wing. In the case of the Himanshu Verma Group, the Assessing Officer came to the conclusion that all the entries provided by the Himanshu Verma Group ... That the Assessing officer was justified in initiating the proceedings under section 148 on the basis of the information received from the Investigation Wing. Rewin Ceramics Pvt. Ltd. vs. ITO 2.b. That the Assessing officer was justified in initiating the proceedings under section 148 and the reasons recorded prior

Maa Jagat Janani Seva Trust, Nambira vs. ACIT (Exemption Circle), Bhubaneswar

In the result, appeal of the assessee stands allowed

ITA 249/CTK/2023[2014-15]Status: DisposedITAT Cuttack16 Jul 2024AY 2014-15

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalassessment Year : 2014-2015 2015 Maa Maa Jagat Jagat Janani Janani Seva Seva Vs. Asst. Asst. Commissioner Commissioner Of Of Trust, At- -Nambira, Po: Income Income Tax, Tax, Exemption Exemption Bamebari, Ps: Joda, Dist: Bamebari, Ps: Joda, Dist: Circle, Bhubaneswar Circle, Bhubaneswar Keonjhar Pan/Gir No Pan/Gir No.Aadtm 1575 H (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri P.K.Mishra, P.K.Mishra, Adv Revenue By : Shri Sanjay Kumar, Cit : Shri Sanjay Kumar, Cit Dr Date Of Hearing : 16/0 07/2024 Date Of Pronouncement : 16/0 /07/2024 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Ord This Is An Appeal Filed By The Assessee Against The Ord This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), Nfac, Delhi Cit(A), Nfac, Delhi Dated 7.6.2023 In Appeal No.Nfac/2013 Nfac/2013-14/10180318 For The Assessment Year For The Assessment Year 2014-15. 2. Shri P.K.Mishra, P.K.Mishra, Ld Ar Appeared For The Assessee & Shri The Assessee & Shri Sanjay Kumar, Ld Cit Kumar, Ld Cit Dr Appeared For The Revenue.

For Appellant: Shri P.K.MishraFor Respondent: Shri Sanjay Kumar, CIT
Section 143(3)Section 147Section 148Section 194JSection 68

satisfaction or the sanction for reopening. This view of ours that the reopening is not permissible on the basis of borrowed satisfaction of the Investigation Wing finds support from the decision of P a g e 17 | 19 Assessment Year : 2014-2015 Hon’ble Delhi High Court in the case ... enquiries made by the Assessing Officer as a sequel to the information collected/received. A perusal of the investigation report provided by the Investigation Wing as has been recorded by the Assessing Officer also does not point out any tangible material having live link with the assessee much less

Srishti Associates, Kota, Rajasthan vs. ACIT, Central Circle, Kota, Kota-Rajasthan

ITA 587/JPR/2024[2018-19]Status: DisposedITAT Jaipur16 Jul 2024AY 2018-19
Section 132Section 132(4)Section 139(1)Section 143(2)Section 153CSection 153DSection 246ASection 44A

failed to appreciate that the AO has not provided to the appellant the copy of complete statements of Shri Upendra Kumar Soni recorded by Investigation Wing and copy of seized documents page 1 to 83 of Exhibit 5 of AS to enable the appellant to make effective cross examine ... account of on money in sale of flats/units in “Royal Imperia” project. No any inquiry, if any conducted, from the assessee by the Investigation Wing was brought on records by the AO. No any statement of the assessee, if any, recorded by the Investigation Wing

ACIT, Ncrb, Statue Circle vs. Balvir Singh Tomar, Adarsh Nagar

ITA 283/JPR/2024[2017-18]Status: DisposedITAT Jaipur16 Jul 2024AY 2017-18
For Appellant: Sh. G. M. Mehta, CAFor Respondent: Sh. Anil Dhaka, CIT
Section 143(2)Section 143(3)Section 68

previous year. Therefore, a detailed show cause notice was issued to the assessee on 03.12.2019 contending that the assessee contended before the investigation wing that the source of cash was the fees received from patients, but same have not been supported by the details of the patient assessee was directed

Deepak Kumar Shah, Ramganjmandi vs. Income Tax Officer, Kota

In the result, the appeal of the assessee stands allowed with no orders as to costs

ITA 426/JPR/2024[2017-18]Status: DisposedITAT Jaipur15 Jul 2024AY 2017-18

Bench: Hearing.

For Appellant: Shri S.L. Poddar, AdvocateFor Respondent: Shri Rajesh Kumar Meena, Addl. CIT-DR
Section 131Section 68

enter into such huge amount of transaction without executing any document in this regard. e) Moreover, during the investigation made on Bright Corporation, the Investigation wing based on the Statement recorded u/s 131 of Shri Samsun Paul Gohil, has conclusively established that the entity was dummy concern not Involved ... Paul Gohil that the amount of Rs. 17,00,000/- was remitted to the assessee in view of cash receipts of the assessee. The investigation wing has also not furnished any material to establish that the amount received by the assessee was an accommodation entry. So far as the assessee

Nitesh Rajhans Singh, Mumbai vs. The Income Tax Officer -26(2)(3), Mumbai

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

ITA 4114/MUM/2023[BAMPS4588L]Status: DisposedITAT Mumbai15 Jul 2024

Bench: Shri Pavan Kumar Gadale & Ms Padmavathy S

For Appellant: Shri Rajiv Khandelwal &For Respondent: Shri Laxmi Kant.Sr.DR
Section 10(38)Section 148Section 68Section 69C

disclosing a total income of Rs. 9,39,760/-.Subsequently, the Assessing Officer (AO) has received information from Kolkata Investigation Wing and after recording the reasons for reopening of assessment has issued notice u/sec 148 of the Act. In compliance to notice, the assessee has filed the letter to treat ... sale contract notes, bank statement and demat account, statements in respect of shares purchase and relied on the modus operandi, report of the Kolkata Investigation Wing, statements recorded in respect of various persons by the investigation wing and further the A.O. has also recorded the statement of the assessee u/sec

Pr. Commissioner of Income Tax (Central)-2 vs. M/S Nishit Capinvest Pvt. Ltd

ITA/350/2024HC Delhi12 Jul 2024

Bench: HON'BLE MR. JUSTICE RAVINDER DUDEJA,HON'BLE MR. JUSTICE YASHWANT VARMA

Section 68

report of SEBI, reports of Special Investigation Team (SIT) of the Hon'ble Supreme Court of India on Black Money and Investigation done by Investigation Wing of Income Tax Department on such issue? F. Whether on the facts and circumstances of the case, the Ld. ITAT is correct in ignoring

Pr. Commissioner of Income Tax (Central)-2 vs. M/S Nishit Capinvest Pvt. Ltd

ITA - 350 / 2024HC Delhi12 Jul 2024
Section 68

report of SEBI, reports of Special Investigation Team (SIT) of the Hon'ble Supreme Court of India on Black Money and Investigation done by Investigation Wing of Income Tax Department on such issue? F. Whether on the facts and circumstances of the case, the Ld. ITAT is correct in ignoring

Parul University, Vadodara vs. The Dy.CIT, Exemption Circle-1, Ahmedabad

Appeals are allowed

ITA 993/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad12 Jul 2024AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member

For Respondent: Shri Sudhendu Das, CIT-DR
Section 10Section 12ASection 133ASection 80G(5)

During the course of assessment proceedings, assessee filed a copy of computation, Income & Expenditure account, Balance Sheet. The AO received information from the investigation wing of the income tax Department along with the incriminating material. ITA No 991,992,993,1018 & 1019/Ahd/2023. Parul Arogya Seva Mandal Trust & Parul University

Parul Arogya Seva Mandal Trust, Ahmedabad vs. The Dy.CIT, Central Circle-1(2), Ahmedabad

Appeals are allowed

ITA 992/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad12 Jul 2024AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member

For Respondent: Shri Sudhendu Das, CIT-DR
Section 10Section 12ASection 133ASection 80G(5)

During the course of assessment proceedings, assessee filed a copy of computation, Income & Expenditure account, Balance Sheet. The AO received information from the investigation wing of the income tax Department along with the incriminating material. ITA No 991,992,993,1018 & 1019/Ahd/2023. Parul Arogya Seva Mandal Trust & Parul University

Parul Arogya Seva Mandal Trust, Ahmedabad vs. The Dy.CIT, Central Circle-1(2), Ahmedabad

Appeals are allowed

ITA 991/AHD/2023[2016-17]Status: DisposedITAT Ahmedabad12 Jul 2024AY 2016-17

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member

For Respondent: Shri Sudhendu Das, CIT-DR
Section 10Section 12ASection 133ASection 80G(5)

During the course of assessment proceedings, assessee filed a copy of computation, Income & Expenditure account, Balance Sheet. The AO received information from the investigation wing of the income tax Department along with the incriminating material. ITA No 991,992,993,1018 & 1019/Ahd/2023. Parul Arogya Seva Mandal Trust & Parul University

DCIT, Central Circle-1(2), Ahmedabad, Aayakar Bhawan, Ashram Road vs. Parul Arogya Seva Mandal Trust, Ahmedabad

Appeals are allowed

ITA 1019/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad12 Jul 2024AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member

For Respondent: Shri Sudhendu Das, CIT-DR
Section 10Section 12ASection 133ASection 80G(5)

During the course of assessment proceedings, assessee filed a copy of computation, Income & Expenditure account, Balance Sheet. The AO received information from the investigation wing of the income tax Department along with the incriminating material. ITA No 991,992,993,1018 & 1019/Ahd/2023. Parul Arogya Seva Mandal Trust & Parul University

DCIT, Central Circle1(2), Ahmedabad vs. Parul Arogya Seva Mandal Trust, Ahmedabad

Appeals are allowed

ITA 1018/AHD/2023[2016-17]Status: DisposedITAT Ahmedabad12 Jul 2024AY 2016-17

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member

For Respondent: Shri Sudhendu Das, CIT-DR
Section 10Section 12ASection 133ASection 80G(5)

During the course of assessment proceedings, assessee filed a copy of computation, Income & Expenditure account, Balance Sheet. The AO received information from the investigation wing of the income tax Department along with the incriminating material. ITA No 991,992,993,1018 & 1019/Ahd/2023. Parul Arogya Seva Mandal Trust & Parul University

Shankar Sewani, New Market vs. Assessing Officer, Aaykar Bhawan

In the result appeal of the assessee is allowed for statistical

ITA 25/IND/2024[2011-12]Status: DisposedITAT Indore12 Jul 2024AY 2011-12

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Shankar Sewani, Dcit-1(1), 10 Kala Niketan, Bhopal New Market, Vs. T.T. Nagar, Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Adkps6959H Assessee By Ms. Nisha Lahoti, Ar Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 10.07.2024 Date Of Pronouncement 12.07.2024 O R D E R

Section 147Section 148Section 153CSection 234BSection 3

when the Assessing Officer has recorded the reasons for reopening of the assessment that during the search operation in Signature Group conducted by the Investigation Wing, Bhopal certain loose papers were seized from the premises of Signature Group showing the receipt of security money by the assessee ... sources. No scrutiny assessment has been made in the case of the assessee. During the course of search operation in Signature group conducted by Investigation Wing, Bhopal, certain loose papers pages no. 41-43 of LPS- 65 were seized from the office premise of the Signature Group at Chunna Bhatti

Anil Firojiya, Bhakt Nagar Ujjain vs. Dy Commisioner of Income Tax, Aaykar Bhawan

Appeal is allowed for statistical purpose

ITA 413/IND/2023[2018-19]Status: DisposedITAT Indore12 Jul 2024AY 2018-19

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2018-19 Shri Anil Firojiya, Dy. Commissioner Of 6, Bhakt Nagar, Income-Tax, बनाम/ Dashera Maidan, Assessment Unit, Vs. Ujjain New Delhi (Assessee/Appellant) (Revenue/Respondent) Pan: Aaipf7302A Assessee By Shri Manoj Fadnis, Ca Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 04.07.2024 Date Of Pronouncement 12.07.2024

Section 115BSection 139Section 142(1)Section 143(3)Section 147Section 148Section 69

order: “On perusal of information it is seen that you have incurred expenses on construction of house. In the verification report uploaded by investigation wing, Indore, it is alleged that you have incurred expenses in cash towards construction of house and failed to submit any explanation toward source during verification

Purushottam Dayal Tulshyan, Sambalpur vs. Income Tax Officer, Ward-2(1), Sambalpur

In the result, appeal of the assessee is allowed

ITA 50/CTK/2024[2013-14]Status: HeardITAT Cuttack11 Jul 2024AY 2013-14

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अऩीऱ सं/Ita No.50/Ctk/2024 (ननधाारण वषा / Assessment Year : 2013-2014) Purushottam Dayal Tulshyan, Vs Ito, Ward-2(1), Sambalpur Khetrajpur, Balmukund Dora Lane, Sambalpur-768003 Pan No. :Aakpt 1711 B (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Shri Sanjay Kumar, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 11/07/2024 घोषणा की तारीख/Date Of Pronouncement : 11/07/2024 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Pr.Cit, Sambalpur Passed U/S.263 Of The Act, Dated 18.12.2023 For The Assessment Year 2013-2014. 2. Brief Facts Of The Case Are That The Assessment In This Case Was Completed U/S.143(3) Of The Act On 31.12.2015. Thereafter The Case Was Reopened By Issue Of Notice U/S.148 Of The Act Dated 31.03.2021 & The Reassessment Order Was Passed U/S.147 R.W.S.144B Of The Act On 28.03.2022. Thereafter The Ld. Pr.Cit, Sambalpur Found The Said Order Erroneous As Well As Prejudicial To The Interest Of Revenue & Revised The Said Order Wherein He Has Enhanced The Income Of The Assessee By Rs.4,02,90,000/- On Account Of Addition U/S.68 Of The Act. Against The Said Order, The Assessee Is In Present Appeal Before Us.

For Appellant: Shri P.K.Mishra, AdvocateFor Respondent: Shri Sanjay Kumar, CIT-DR
Section 142(1)Section 143(3)Section 147Section 148Section 148ASection 263Section 68

been reopened and after considering the submissions of the assessee and the statements of Shri Mukesh Sharma and Shri Paras Sharma recorded by the Investigation wing, Raipur, has enhanced the assessed income by making the addition of Rs.4,02,90,000/- being the amount deposited in their bank accounts ... relied upon the orders of the ld. Pr.CIT and submitted that the AO has not considered the enquiry carried out by the Investigation Wing, Rourkela in the case of Shri Mukesh Sharma and Shri Paras Sharma, wherein they have admitted that the accounts opened in their names are operated

Income-Tax Officer, Mumbai vs. Ankit Umakant Agarwal, Mumbai

In the result, the appeal of the revenue bearing ITA No

ITA 4462/MUM/2023[2011-12]Status: DisposedITAT Mumbai11 Jul 2024AY 2011-12

Bench: Shri Prashant Maharshi & Shri Anikesh Banerjee

Section 143(3)Section 148Section 250Section 69

income Tax Act, 1961. The addition was solely Made on the basis of third Party statement/ information received from the Investigation wing and disregarding all the vital facts. 5.1 During the course of appellate proceedings notices for hearing were issued to the appellant ... discredit the evidences and the explanation given by the Appellant company and cannot rely only on statement of Third Parties recorded by the investigation wing. II. In the case of CIT v/s. Premsons 37 DTR 150 the Hon'able ITAT, Mumbai, following the above decision, observe as under- ....In order

Mahesh Kumar Sharma, Jaipur vs. Income Tax Officer, Jaipur

ITA 326/JPR/2024[2010-11]Status: DisposedITAT Jaipur10 Jul 2024AY 2010-11

Bench: Completion Of Assessment By Passing A Speaking Order.

For Appellant: Shri S.L.Poddar, AdvocateFor Respondent: Mrs. Monisha Choudhary, Addl. CIT-DR
Section 1Section 139(1)Section 142(1)Section 147Section 148Section 45

such did not file the return of income. In this case, notice u/s 148 was issued on 17.03.2017 on getting information from the Investigation Wing that in the case of search of Shri Rajendra Jain/Rajendra Bardia and Madan Mohan Gupta, certain documents were found and seized which revealed sale

Bhuraram V. Choudhary, Mumbai vs. I.T.O., Ward-19(1)(2), Mumbai

In the result, all the appeals of the assesse are allowed

ITA 4404/MUM/2023[2011-12]Status: DisposedITAT Mumbai10 Jul 2024AY 2011-12

Bench: Shri Amarjit Singh & Shri Raj Kumar Chauhan

For Appellant: Ravi GuptaFor Respondent: Ashok Kumar Ambastha
Section 143(1)Section 147Section 148Section 271(1)(c)

sides and perused the material on record. The case was reopened u/s 147 of the Act on the basis of information received from investigation wing regarding bogus purchases made by the assessee during the year under consideration as discussed supra in this order. The assessing officer stated that assessee failed

Bhuraram V. Choudhary, Mumbai vs. I.T.O., Ward-19(1)(2), Mumbai

In the result, all the appeals of the assesse are allowed

ITA 4403/MUM/2023[2010-11]Status: DisposedITAT Mumbai10 Jul 2024AY 2010-11

Bench: Shri Amarjit Singh & Shri Raj Kumar Chauhan

For Appellant: Ravi GuptaFor Respondent: Ashok Kumar Ambastha
Section 143(1)Section 147Section 148Section 271(1)(c)

sides and perused the material on record. The case was reopened u/s 147 of the Act on the basis of information received from investigation wing regarding bogus purchases made by the assessee during the year under consideration as discussed supra in this order. The assessing officer stated that assessee failed