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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

Rakesh Kumar Aggarwal, Delhi vs. ITO, Ward-40(3), New Delhi

In the result, the appeal of the assessee is thus allowed

ITA 699/DEL/2020[2009-10]Status: DisposedITAT Delhi17 Aug 2023AY 2009-10

Bench: Shri Kul Bharat & Shri Pradip Kumar Kedia

For Appellant: Shri Amit Goyal, CAFor Respondent: Shri Atiq Ahmed, Sr.DR
Section 143(3)Section 147Section 148Section 148(2)Section 151Section 234B

elementary details. On a reading of reasons recorded, it gives an impression that Assessing Officer has acted on dotted lines at the dictate of investigation wing without application of mind on the basic and elementary facts. Besides, while recording the reasons, the Assessing Officer has not taken cognizance

Neelu Mahansaria, Surat vs. Income Tax Officer, Ward - 1(3)(3), Surat

In the result, the addition of undisclosed income under section 68 is deleted

ITA 197/SRT/2023[2014-15]Status: DisposedITAT Surat17 Aug 2023AY 2014-15

Bench: Shri Pawan Singhआ.अ.सं./Ita No.197/Srt/2023 (Ay 2011-12) (Hearing In Physical Court) Neelu Mahansaria Income Tax Officer, 304, Green Park Apartment, Ward-1(3)(3), Surat Vs City Light Road, Nr. Corner Point Complex, Surat-395007 Pan No: Adbpm 2707 Q अपीलाथ"/Appellant ""थ" /Respondent

Section 133(6)Section 143(3)Section 156Section 254(1)Section 68Section 69

issued notice under section 133(6) of the Act to Bombay Stock Exchange (‘BSE’ for short). The Assessing Officer was also having information from Investigation Wing, Kolkata, about the providing accommodation entry of LTCG in listed Companies with BSE. Mishka Finance & Trading Ltd., was one of the such company ... basis of report of Investigation Wing, Kolkata, the Assessing Officer was of the view 2 Neelu Mahansaria that assessee is beneficiary of capital gains on penny stocks. The Assessing Officer on the basis of report of Investigation Wing, Kolkata issued show cause notice as to why sale and purchase

Income Tax Officer, Ward-1, Silchar vs. Rohit Kumar Gulgulia, Silchar

In the result, appeal of the revenue is dismissed

ITA 182/GTY/2020[2011-12]Status: DisposedITAT Guwahati16 Aug 2023AY 2011-12

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2011-12

For Appellant: Shri Babu Lal Jain, FCAFor Respondent: Shri N. T. Sherpa, JCIT
Section 131Section 133ASection 143(3)Section 147Section 68

further 2 Roit Kumar Gulgulia., AY: 2011-12 enquiry of his own and relied on the conclusive findings of the officer(s) of the investigation Wing of the Income Tax Department to record the reasons for reopening the assessment? • Whether on facts and in the circumstances of the case ... escapement of income is not out of any independent enquiry or independent application of mind but, is borrowed from the report of Investigation Wing and the statements recorded. It is important to note at this juncture that Ld. CIT(A) has adjudicated on the appeals of various appellants

Diagold Designs Limited, Mumbai vs. DCIT-12(2)(1), Mumbai

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

ITA 445/MUM/2023[2010-11]Status: DisposedITAT Mumbai14 Aug 2023AY 2010-11

Bench: Shri Amit Shukla & Shri Gagan Goyal & Diagold Designs Limited, Cc2070, Bharat Diamond Bourse, Bandra Kurla Complex, Mumbai-400 051 ...... Appellant Vs. Dcit-12(2) (1) Aayakar Bhavan, M. K. Road, Mumbai-400 020 Pan – Aabcd3716 ..... Respondent

For Appellant: Shri Madhur Agrawal, Hitesh TrivediFor Respondent: Smt. Mahita Nair, CIT-DR
Section 10BSection 147Section 148Section 250

because the formation of belief is within the realm of subjective satisfaction of the Assessing Officer. Where the AO received information from Investigation Wing that a well known entry operator has provided a bogus entry to the assessee, AO was justified in reopening assessment. In view of these facts ... treated these purchases as non genuine since assessee could not produce these parties for verification. The AO had also noted that information from investigation wing that these parties belonging to Sh. Bhanwarlal Jain group used to give bogus bills. The AO appears to have received Diagold Designs Ltd. information

Nakoda Metal Industries, Mumbai vs. ITO - 19(2)(4), Mumbai

In the result, the appeal by the assessee is dismissed

ITA 4958/MUM/2018[2009-10]Status: DisposedITAT Mumbai14 Aug 2023AY 2009-10

Bench: Shri B.R. Baskaran & Shri Sandeep Singh Karhail

For Appellant: NoneFor Respondent: Shri Prashant Barate
Section 143(1)Section 147Section 148Section 250Section 254(1)Section 254(2)

return filed by the assessee was processed under section 143(1) of the Act. Subsequently, on the basis of information received from DGIT (Investigation) Wing, Mumbai about having received vital information from the Sales Tax Department of Maharashtra about some of the dealers indulged in the practice of providing accommodation ... learned DR and perused the material available on record. It is evident from the record that the Assessing Officer received the information from DGIT (Investigation) Wing, Mumbai about having vital information initially received from the Sales Tax Department of Maharashtra indicating that the assessee is a beneficiary of accommodation entries

M/S. White Willow, Surat vs. Income Tax Officer, Ward-1(3)(5), Surat

In the result, the grounds of appeal raised by the assessee is allowed

ITA 370/SRT/2022[2014-15]Status: DisposedITAT Surat14 Aug 2023AY 2014-15

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./Ita No.370/Srt/2022 (Ay 2014-15) (Hearing In Virtual Court) M/S White Willow Income Tax Officer, Ward-1(3)(5), Surat, Vishram Apartment, Opp. Vs Anavil Business Centre, Sawlani Estate Bungalows, Pal Hazira Road, Adajan, Beside Trinidhi Apartment, Surat-395007 Ghod Dod Road, Regent Mall, Surat-395007 Pan No. Aabfw 4804 F ""थ" /Respondent अपीलाथ"/Appellant

Section 143(3)Section 254(1)

lakh and Maniprabha Impex Private Limited for Rs.80.00 lakh respectively. The Assessing Officer further recorded that in this case, he was having information from Investigation Wing that during the relevant financial year 2015-16, the assessee has obtained accommodation entry of unsecured loan from entry operators Rajendra Jain Group, Sanjay ... Chaudhary Group and Dharmichand Jain Group of Mumbai. A search was carried out by Investigation Wing on 03.10.2013, which resulting collecting various evidence disclosing that Rajendra Jain group was indulging and providing bogus entry of sale, purchase and of unsecured 3 M/s White Willow loan. The assessing officer noted that

D.C.I.T., Circle - 5(1), Kolkata vs. M/S. Inter Globe Finance Limited, Kolkata

In the result, the appeal of the revenue stands dismissed

ITA 136/KOL/2023[2010-2011]Status: DisposedITAT Kolkata11 Aug 2023AY 2010-2011

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.136/Kol/2023 Assessment Year: 2010-11 Dcit, Circle-5(1), Kolkata…………………….…...……………....Appellant Vs. M/S Inter Globe Finance Ltd...........................................…..…..... Respondent 1St Floor, Aloka House, 6B, Bentick Street, Kolkata-1. [Pan: Aaaci5520N] Appearances By: Shri Abhijit Kundu, Cit-Dr, Appeared On Behalf Of The Appellant. Shri, P. Jhunjhunwala, Advocate, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 20, 2023 Date Of Pronouncing The Order : August 11, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Revenue Against The Order Dated 22.09.2022 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Appeal Is Barred By 93 Days. A Separate Application For Condonation Of Delay Has Been Filed, Wherein, The Dates & Events Commencing From The Date Of The Order Till The Date Of Filing Of The Appeal Have Been Mentioned. As Per The Said Application, The Impugned Order Of The Cit(A) Was Received In The Office Of Pcit-2, Kolkata On 22.09.2022, Which Was Further Received In The Office Of Dcit For ‘Appeal

Section 143(3)Section 250Section 68

brief facts of the case are that the assessment was reopened in the case of the assessee on the report of the investigation wing that the assessee had obtained the accommodation entries approximately of Rs.15,22,00,000/- with the help of bogus/shell company namely Satyatej Vyapaar ... completed by the Assessing Officer u/s 143(3) r.w.s. 147 of the Act, wherein, the Assessing Officer referred to the statements recorded by the investigation wing on an earlier occasion of three persons namely Shri Chan Chakraborty, Shri Suresh Kr. Jain and Mr. Anirban Dutta during some survey action

Krishnamoorthy Ramlingam Mudaliyar, Mumbai vs. Assistant Commissioner of Income Tax, Central Circle-3 Thane, Mumbai

In the result, all the appeals of the assessee are partly allowed for statistical purposes, and the appeal of the Revenue is dismissed

ITA 2894/MUM/2022[2015-2016]Status: DisposedITAT Mumbai10 Aug 2023AY 2015-2016

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.2894/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2015-16) & आयकर अपील सं/ I.T.A. No.2895/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2016-17) & आयकर अपील सं/ I.T.A. No.2893/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2017-18) Krishnamoorthy Ramlingam Acit, Central Circle-3 बिधम/ Mudaliyar 6Th Floor, Room No. 12, Vs. Flat No. 904, Maa Laxmi Ashar It Park, Road-16- Avenue, Sector-36, Plot No. Z, Wagle Industrial 27, Kamothe, Navi Estate, Thane-(W)- Mumbai-410218. 400604. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Ajzpm6207H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) & आयकर अपील सं/ I.T.A. No.313/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2017-18) Acit, Central Circle-3 बिधम/ Krishnamoorthy 6Th Floor, Room No. 12, Ramlingam Mudaliyar Vs. Ashar It Park, Road-16-Z, Flat No. 904, Maa Laxmi Wagle Industrial Estate, Avenue, Sector-36, Plot Thane-(W)-400604. No. 27, Kamothe, Navi Mumbai-410218. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Ajzpm6207H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent)

For Appellant: Shri Satyaprakash SinghFor Respondent: Shri Rameshvar P Meena/Nimesh

accountant in the course of search on 20.03.2017 itself and that his statement was recorded on 21.03.2017. In his answers to the Investigation Wing he had explained that he was only the broker / intermediary and that he had arranged funds for M/s VIPL from Mr. SG. The assessee is noted

Krishnamoorthy Ramlinngam Mudaliyar, Mumbai vs. Assistant Commissioner of Income Tax, Central Circle -3 Thane, Mumbai

In the result, all the appeals of the assessee are partly allowed for statistical purposes, and the appeal of the Revenue is dismissed

ITA 2893/MUM/2022[2017-18]Status: DisposedITAT Mumbai10 Aug 2023AY 2017-18

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.2894/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2015-16) & आयकर अपील सं/ I.T.A. No.2895/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2016-17) & आयकर अपील सं/ I.T.A. No.2893/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2017-18) Krishnamoorthy Ramlingam Acit, Central Circle-3 बिधम/ Mudaliyar 6Th Floor, Room No. 12, Vs. Flat No. 904, Maa Laxmi Ashar It Park, Road-16- Avenue, Sector-36, Plot No. Z, Wagle Industrial 27, Kamothe, Navi Estate, Thane-(W)- Mumbai-410218. 400604. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Ajzpm6207H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) & आयकर अपील सं/ I.T.A. No.313/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2017-18) Acit, Central Circle-3 बिधम/ Krishnamoorthy 6Th Floor, Room No. 12, Ramlingam Mudaliyar Vs. Ashar It Park, Road-16-Z, Flat No. 904, Maa Laxmi Wagle Industrial Estate, Avenue, Sector-36, Plot Thane-(W)-400604. No. 27, Kamothe, Navi Mumbai-410218. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Ajzpm6207H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent)

For Appellant: Shri Satyaprakash SinghFor Respondent: Shri Rameshvar P Meena/Nimesh

accountant in the course of search on 20.03.2017 itself and that his statement was recorded on 21.03.2017. In his answers to the Investigation Wing he had explained that he was only the broker / intermediary and that he had arranged funds for M/s VIPL from Mr. SG. The assessee is noted

ITO Ward-32(2), New Delhi vs. Sukhbir Singh Dagar, New Delhi

In the result, the appeal of revenue is allowed

ITA 2757/DEL/2019[2006-07]Status: DisposedITAT Delhi10 Aug 2023AY 2006-07

Bench: Shri C.M. Garg & Shri Pradip Kumar Kediaito, Vs. Sukhbir Singh Dagar, Ward-32(2), K-259, High Gate Mansion, New Delhi Maidan Garhi Road, Chattarpur Enclave, Phase-2, New Dlehi (Appellant) (Respondent) Pan: Acipd3262H Assessee By : Sh. M. S. Dagar, Adv Revenue By: Ms. Raja Rajeshwari R, Jcit Date Of Hearing 09/07/2023 Date Of Pronouncement 10/08/2023

For Appellant: Sh. M. S. Dagar, AdvFor Respondent: Ms. Raja Rajeshwari R, JCIT
Section 2(14)

purchaser companies M/s. M/s. Saturn Advisory Services Pvt. Ltd and M/s. Merino Realtors Pvt. Ltd. The ld CIT DR further submitted that the Investigation Wing of the Directorate of Income Tax informed the AO that the assessee has sold his share in land situated at Maidan Garhi worth ... full value of consideration as per sale Deed was shown at Rs. 21,87,500/- but self speaking documentary evidence submitted by the Investigation Wing clearly revealed that the assessee, in fact, had received a total sum of R. 5,46,23,012/- out of which

ACIT, Central Circle-14, New Delhi vs. Neha Jewellers Pvt. Ltd., Delhi

In the result, the appeal of the assessee is allowed and the appeal of the Revenue is dismissed

ITA 1949/DEL/2021[2017-18]Status: DisposedITAT Delhi09 Aug 2023AY 2017-18

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. Ved Jain, AdvFor Respondent: Sh. Arvind K. Bansal, Sr. DR
Section 142(3)Section 147Section 148

confirming the above addition despite the fact that the addition is made by the AO relying on the report of the investigation wing without application of his own mind. 16. On the facts and circumstances of the case learned CIT(A) has erred both on facts ... making addition of Rs.17,37,467/-. A search and seizure operation was conducted in the case of Bhanwarilal Jain Group on 03.10.2013 by the Investigation Wing, Mumbai. During the course of search, the statement of Bhanwarilal Jain was recorded u/s 132(4) of the Act on 12.10.2013. In his statement

Neha Jewellers Pvt. Ltd., New Delhi vs. ACIT, CC-14, New Delhi

In the result, the appeal of the assessee is allowed and the appeal of the Revenue is dismissed

ITA 1026/DEL/2021[2017-18]Status: DisposedITAT Delhi09 Aug 2023AY 2017-18

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. Ved Jain, AdvFor Respondent: Sh. Arvind K. Bansal, Sr. DR
Section 142(3)Section 147Section 148

confirming the above addition despite the fact that the addition is made by the AO relying on the report of the investigation wing without application of his own mind. 16. On the facts and circumstances of the case learned CIT(A) has erred both on facts ... making addition of Rs.17,37,467/-. A search and seizure operation was conducted in the case of Bhanwarilal Jain Group on 03.10.2013 by the Investigation Wing, Mumbai. During the course of search, the statement of Bhanwarilal Jain was recorded u/s 132(4) of the Act on 12.10.2013. In his statement

ACIT Central Circle-14, New Delhi vs. Neha Jewellers Pvt. Ltd., New Delhi

In the result, the appeal of the assessee is allowed and the appeal of the Revenue is dismissed

ITA 884/DEL/2020[2013-14]Status: DisposedITAT Delhi09 Aug 2023AY 2013-14

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. Ved Jain, AdvFor Respondent: Sh. Arvind K. Bansal, Sr. DR
Section 142(3)Section 147Section 148

confirming the above addition despite the fact that the addition is made by the AO relying on the report of the investigation wing without application of his own mind. 16. On the facts and circumstances of the case learned CIT(A) has erred both on facts ... making addition of Rs.17,37,467/-. A search and seizure operation was conducted in the case of Bhanwarilal Jain Group on 03.10.2013 by the Investigation Wing, Mumbai. During the course of search, the statement of Bhanwarilal Jain was recorded u/s 132(4) of the Act on 12.10.2013. In his statement

ACIT Central Circle-14, New Delhi vs. Neha Jewellers Pvt. Ltd., New Delhi

In the result, the appeal of the assessee is allowed and the appeal of the Revenue is dismissed

ITA 883/DEL/2020[2010-11]Status: DisposedITAT Delhi09 Aug 2023AY 2010-11

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. Ved Jain, AdvFor Respondent: Sh. Arvind K. Bansal, Sr. DR
Section 142(3)Section 147Section 148

confirming the above addition despite the fact that the addition is made by the AO relying on the report of the investigation wing without application of his own mind. 16. On the facts and circumstances of the case learned CIT(A) has erred both on facts ... making addition of Rs.17,37,467/-. A search and seizure operation was conducted in the case of Bhanwarilal Jain Group on 03.10.2013 by the Investigation Wing, Mumbai. During the course of search, the statement of Bhanwarilal Jain was recorded u/s 132(4) of the Act on 12.10.2013. In his statement

Neha Jewellers Pvt. Ltd., New Delhi vs. ACIT, Central Circle-6, New Delhi

In the result, the appeal of the assessee is allowed and the appeal of the Revenue is dismissed

ITA 9618/DEL/2019[2013-14]Status: DisposedITAT Delhi09 Aug 2023AY 2013-14

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. Ved Jain, AdvFor Respondent: Sh. Arvind K. Bansal, Sr. DR
Section 142(3)Section 147Section 148

confirming the above addition despite the fact that the addition is made by the AO relying on the report of the investigation wing without application of his own mind. 16. On the facts and circumstances of the case learned CIT(A) has erred both on facts ... making addition of Rs.17,37,467/-. A search and seizure operation was conducted in the case of Bhanwarilal Jain Group on 03.10.2013 by the Investigation Wing, Mumbai. During the course of search, the statement of Bhanwarilal Jain was recorded u/s 132(4) of the Act on 12.10.2013. In his statement

Neha Jewellers Pvt. Ltd., New Delhi vs. ACIT, Central Circle-6, New Delhi

In the result, the appeal of the assessee is allowed and the appeal of the Revenue is dismissed

ITA 9617/DEL/2019[2012-13]Status: DisposedITAT Delhi09 Aug 2023AY 2012-13

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. Ved Jain, AdvFor Respondent: Sh. Arvind K. Bansal, Sr. DR
Section 142(3)Section 147Section 148

confirming the above addition despite the fact that the addition is made by the AO relying on the report of the investigation wing without application of his own mind. 16. On the facts and circumstances of the case learned CIT(A) has erred both on facts ... making addition of Rs.17,37,467/-. A search and seizure operation was conducted in the case of Bhanwarilal Jain Group on 03.10.2013 by the Investigation Wing, Mumbai. During the course of search, the statement of Bhanwarilal Jain was recorded u/s 132(4) of the Act on 12.10.2013. In his statement

Neha Jewellers Pvt. Ltd., New Delhi vs. ACIT, Central Circle-6, New Delhi

In the result, the appeal of the assessee is allowed and the appeal of the Revenue is dismissed

ITA 9616/DEL/2019[2011-12]Status: DisposedITAT Delhi09 Aug 2023AY 2011-12

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. Ved Jain, AdvFor Respondent: Sh. Arvind K. Bansal, Sr. DR
Section 142(3)Section 147Section 148

confirming the above addition despite the fact that the addition is made by the AO relying on the report of the investigation wing without application of his own mind. 16. On the facts and circumstances of the case learned CIT(A) has erred both on facts ... making addition of Rs.17,37,467/-. A search and seizure operation was conducted in the case of Bhanwarilal Jain Group on 03.10.2013 by the Investigation Wing, Mumbai. During the course of search, the statement of Bhanwarilal Jain was recorded u/s 132(4) of the Act on 12.10.2013. In his statement

Neha Jewellers Pvt. Ltd., New Delhi vs. ACIT, Central Circle-6, New Delhi

In the result, the appeal of the assessee is allowed and the appeal of the Revenue is dismissed

ITA 9615/DEL/2019[2010-11]Status: DisposedITAT Delhi09 Aug 2023AY 2010-11

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. Ved Jain, AdvFor Respondent: Sh. Arvind K. Bansal, Sr. DR
Section 142(3)Section 147Section 148

confirming the above addition despite the fact that the addition is made by the AO relying on the report of the investigation wing without application of his own mind. 16. On the facts and circumstances of the case learned CIT(A) has erred both on facts ... making addition of Rs.17,37,467/-. A search and seizure operation was conducted in the case of Bhanwarilal Jain Group on 03.10.2013 by the Investigation Wing, Mumbai. During the course of search, the statement of Bhanwarilal Jain was recorded u/s 132(4) of the Act on 12.10.2013. In his statement

Shree Krishna Jewellers, New Delhi vs. ITO Ward - 47(4), New Delhi

In the result, the Appeal filed by the assessee is dismissed

ITA 5964/DEL/2019[2007-08]Status: DisposedITAT Delhi09 Aug 2023AY 2007-08
Section 147

adhoc addition for entire purchases made from M/s AVI Exports and M/s Vitrag Jewel as bogus purchases, on the information received from the Investigation Wing of the Department. 6. That on the facts and circumstances of the case the said Officer erred in relying upon the statements made

M/S. Samridhi Stocks Pvt. Ltd., Kolkata vs. ITO, Ward-12(1), Kol, Kolkata

In the result, the appeal of the assessee is allowed

ITA 552/KOL/2023[2011-12]Status: DisposedITAT Kolkata08 Aug 2023AY 2011-12

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 147Section 148

proceedings initiated u/s 147 of the Act was not in accordance with law as the AO had acted on the information of the investigation wing without forming his independent belief and as such the assessment was liable to be quashed. In this regard, I find that the assessment was reopened ... done by the AO not on his own satisfaction and it is not open to AO to issue notice at the dictate of the investigation wing. The Ld. A.R therefore prayed that the order of reopening may kindly be quashed by reversing the order