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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

Naz Shazia, Moradabad vs. ITO-17(2)(4), Mumbai

ITA 2170/MUM/2023[2015-16]Status: DisposedITAT Mumbai21 Dec 2023AY 2015-16

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.2170/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2015-16) Naz Shazia बिधम/ The Income Tax Officer- Anwar House, Ground 17(2)(4) Vs. Floor, Pandit Nagla Mini 1St Floor, Ayakar Bhavan, Bye Pass Road, Pandit M. K. Road, Mumbai- Nagla, Moradabad, Uttar 400020. Pradesh-244001. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Bbwps2176R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Fenil Bhatt Revenue By: Shri Ashok Kumar Ambastha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 05/12/2023 घोषणा की तारीख /Date Of Pronouncement: 21/12/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/(Nfac), Delhi Dated 03.05.2023 For The Assessment Year 2015-16. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A)/Nfac Confirming The Addition Of Rs.1,94,05,886/- U/S 68 Of The Income Tax Act, 1961 (Hereinafter “The Act”) Being The Amount Of Long Term Capital Gain (Ltcg) On Transfer Of Shares In M/S. Esteem Bio Organic Food Processing Ltd. (Hereinafter “M/S. Esteem Bio”) Claimed As Exempt Income U/S 10(38) Of The Act.

For Appellant: Shri Fenil BhattFor Respondent: Shri Ashok Kumar Ambastha (Sr
Section 10(38)Section 2Section 68

sale of equity shares of M/s. Esteem Bio which according to him, was suspicious because he had received information from Kolkata Investigation Wing based on search actions that the assessee is a beneficiary of long term capital gain on sale of penny stocks which are suspicious and bogus. Accordingly ... tune of Rs.1,94,05,886/- as exempt u/s 10(38) of the Act. The AO taking note of investigation conducted by Investigation Wing of Kolkata discussed the modus operandi of how beneficiaries like assessee purchased shares of penny stock and hold them for prescribed period, and later sell

Assistant Commissioner of Income Tax, Chennai vs. Prakash Ferrous Industries Private Limited, Chennai

In the result, the appeal filed by the Revenue as well as Cross

ITA 693/CHNY/2023[2020]Status: DisposedITAT Chennai20 Dec 2023

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.693/Chny/2023 िनधा"रण वष"/Assessment Year: 2020-21 & C.O. No. 27/Chny/2023 [In I.T.A. No.693/Chny/2023] The Assistant Commissioner Of Vs. M/S. Prakash Ferrous Industries Income Tax, Private Limited, Central Circle 1(1), New No. 36, New Avadi Road, Chennai. Kilpauk, Chennai 600 010. [Pan:Aaecp7094C] (अपीलाथ" /Appellant) (""थ"/Respondent/Cross Objector) Department By : Shri Nilay Baran Som, Cit Assessee By : Shri Shashi Kumar Agarwal, Ca सुनवाई की तारीख/ Date Of Hearing 07.12.2023 : घोषणा की तारीख /Date Of Pronouncement : 20.12.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue & The Cross Objections Filed By The Assessee Are Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 18, Chennai, Dated 23.03.2023 Relevant To The Assessment Year 2020-21. The Revenue Has Raised Following Grounds: 1. The Order Of The Id. Commissioner Of I. T. (Appeals) Is Erroneous On Facts Of The Case & In Law. 2. The Learned Cit(A) Erred In Deleting The Addition Made U/S. 69A Of The It Act, Towards Unexplained Money, Amounting To Rs. 96,54,335/- , Without

For Appellant: Shri Shashi Kumar Agarwal, CAFor Respondent: Shri Nilay Baran Som, CIT
Section 132Section 142(1)Section 153CSection 69ASection 69C

conducted in the case of M/s. Sakthi Ferro Alloys India Private Limited, M/s. Sakthi Steel Industries Ltd. and Sri Kannaiah Naidu Anandh by the Investigation Wing on 25.07.2019. As part of the said search proceedings, a survey operation was also conducted at the premises of M/s. Prakash Ferrous Industries Private ... conducted in the case of M/s. Sakthi Ferro Alloys India Private Limited, M/s. Sakthi Steel Industries Ltd. and Sri Kannaiah Naidu Anandh by the Investigation Wing on 25.07.2019. As part of the said search proceedings, a survey operation was also conducted at the premises of M/s. Prakash Ferrous Industries Private

DCIT, Central Circle-4(2), Kolkata, Aayakar Bhawan Poorva vs. Alom Extrusions Limited, Kolkata

In the result, the appeal of the revenue stands dismissed

ITA 908/KOL/2023[2015-16]Status: DisposedITAT Kolkata14 Dec 2023AY 2015-16

Bench: Shri Sanjay Garg & Rajesh Kumari.T.A No.908/Kol/2023 Assessment Year: 2015-16 Dcit, C.C-4(2), Kolkata.................................................................……Appellant Vs. Alom Extrusions Ltd.........................…................…........……...…..…..Respondent 7B, Alom House, Pretoria Street, Kolkata-700071. [Pan: Aaaco3518N] Appearances By: Shri S. Dutta, Cit-Dr, Appeared On Behalf Of The Appellant. Shri A.K. Tibrewal, Fca & Amit Agrawal, Advocate, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 09, 2023 Date Of Pronouncing The Order : December 14, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Department Against The Order Dated 14.06.2023 Of The Commissioner Of Income Tax(Appeals)- 27, Kolkata (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Revenue In This Appeal Has Taken The Following Grounds Of Appeal: “1. That In The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Deleting The Addition Made U/S 68 On Account Of Unsecured Loan Amounting To Rs.3,00,00,000/- As Unexplained Cash Credit Without Appreciating The Material Brought On Record & Facts Evaluated By The A.O In The Assessment Order.

Section 131Section 132Section 153ASection 250Section 68

earlier (prior to search action in the case of the assessee) statement one Shri Devesh Upadhyaya in some other case was recorded by the investigation wing on 01.05.2015, who was an alleged entry operator and who during his statement had admitted that he was an entry operator