← 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

Bakliwal Holding Pvt Ltd, West Bengal vs. Pr, CIT (Central)-3, New Delhi

The appeals of the assessee are allowed and the appeal of the Revenue is dismissed

ITA 392/DEL/2021[2013-14]Status: DisposedITAT Delhi30 Apr 2024AY 2013-14

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaassessment Year: 2012-13 Dcit, Bakliwal Holding Pvt. Ltd., Central Circle-30, 516, Rn Guha Road, New Delhi Kolkata, Park Street H.O., Kolkata, West Bengal – 700 016. Pan: Aabcb0328E Itas No.391 & 392/Del/2021 Assessment Years: 2012-13 & 2013-14 Bakliwal Holding Pvt. Ltd., Vs. Pr. Cit (Central)-3, Subash Agarwal & Associates, New Delhi. Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata– 700 069, West Bengal. Pan: Aabcb0328E (Appellants) (Respondents) Assessee By : Shri Subhash Agarwal, Ca Revenue By : Shri Zafarul Haque Tanweer, Cit-Dr Date Of Hearing : 26.02.2024 Date Of Pronouncement : 30.04.2024 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By Both The Revenue & The Assessee Against The Orders Of The Commissioner Of Income Tax (Appeals) (Hereinafter Referred

For Appellant: Shri Subhash Agarwal, CAFor Respondent: Shri Zafarul Haque Tanweer, CIT-DR
Section 142(1)Section 153CSection 263

Jajodia Finance Ltd. in AY 2012-13; and Rs.11.50 crores in AY 2013-14. The PCIT examined the same on the basis of Investigation Wing, Kolkata inputs and had concluded that the AO had not made independent verification/inquiry. The ld. AR, however, canvassed that the AO had issued notice

Bakliwal Holding Pvt Ltd, West Bengal vs. Pr, CIT (Central)-3, New Delhi

The appeals of the assessee are allowed and the appeal of the Revenue is dismissed

ITA 391/DEL/2021[2012-13]Status: DisposedITAT Delhi30 Apr 2024AY 2012-13

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaassessment Year: 2012-13 Dcit, Bakliwal Holding Pvt. Ltd., Central Circle-30, 516, Rn Guha Road, New Delhi Kolkata, Park Street H.O., Kolkata, West Bengal – 700 016. Pan: Aabcb0328E Itas No.391 & 392/Del/2021 Assessment Years: 2012-13 & 2013-14 Bakliwal Holding Pvt. Ltd., Vs. Pr. Cit (Central)-3, Subash Agarwal & Associates, New Delhi. Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata– 700 069, West Bengal. Pan: Aabcb0328E (Appellants) (Respondents) Assessee By : Shri Subhash Agarwal, Ca Revenue By : Shri Zafarul Haque Tanweer, Cit-Dr Date Of Hearing : 26.02.2024 Date Of Pronouncement : 30.04.2024 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By Both The Revenue & The Assessee Against The Orders Of The Commissioner Of Income Tax (Appeals) (Hereinafter Referred

For Appellant: Shri Subhash Agarwal, CAFor Respondent: Shri Zafarul Haque Tanweer, CIT-DR
Section 142(1)Section 153CSection 263

Jajodia Finance Ltd. in AY 2012-13; and Rs.11.50 crores in AY 2013-14. The PCIT examined the same on the basis of Investigation Wing, Kolkata inputs and had concluded that the AO had not made independent verification/inquiry. The ld. AR, however, canvassed that the AO had issued notice

Shama Ajay Patel, Ahmedabad vs. The CIT(It & Tp), Ahmedabad

The appeal of the assessee is allowed

ITA 132/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad26 Apr 2024AY 2017-18

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarिनधा"रण वष"/Assessment Year: 2017-18 Shama Ajay Patel, Vs. 2, Chandroday Society, The Cit(It & Tp), Opp. Golden Triangle, Sp Ahmedabad Stadium Road, Navjivan Post, Ahmedabad-380014 Pan : Alxpp 5273 E अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Sunil Talati, Ar Revenue By : Dr. Darsi Suman Ratnam, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 01.02.2024 घोषणा क" तारीख /Date Of Pronouncement: 26.04.2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Learned Commissioner Of Income-Tax (It & Tp), Ahmedabad [Hereinafter Referred To As Ld. "Cit(It & Tp)" For Short] Dated 08.02.2023, In Exercise Of His Revisionary Powers Under Section 263 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”], For The Assessment Year (Ay) 2017-18. 2. The Grounds Raised By The Assessee Challenging The Impugned Order Of The Ld. Cit (It & Tp) Reads As Under:- “1. The Ld. Cit Has Erred In Passing Order U/S 263 Without Jurisdiction & Appropriate Powers Available Under The Act. It Is Submitted That The Order Passed U/S. 263 Is Bad In Law As A.O. Has Neither Committed Any Error Nor It Is Prejudicial To The Interest Of Revenue. It Be Held Now.

For Appellant: Shri Sunil Talati, ARFor Respondent: Dr. Darsi Suman Ratnam, CIT-DR
Section 132Section 147Section 263

Ahmedabad on 05.02.2019, wherein certain incriminating evidences regarding price rigging in the scrip of M/s. Kushal Limited was found. Further on investigation by the Investigation Wing, it was found that there were systematic evidences of cash transaction entered by Kushal Group providing long term capital gain/loss or short term capital ... Shama Ajay Patel Vs. CIT(IT&TP) AY : 2017-18 3. On going through the information disseminated by the Investigation Wing, it was observed that the assessee was having 19000 shares of script of M/s. Kushal Limited at the beginning of F.Y. 2016-17 for the value