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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

Shri Ravinder Singh, Jalandhar vs. Deputy Commissioner of Income Tax Central Circle-1, Jalandhar

In the result, the appeals of the assessee are allowed

ITA 9/ASR/2020[2017-18]Status: DisposedITAT Amritsar26 Jul 2023AY 2017-18

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Surinder Mahajan, CAFor Respondent: Sh. Hitendra Bhauraoji Ninawe, CIT DR
Section 143(2)Section 153ASection 153D

purpose of approval, the Approving Authority is required to see all search material including incriminating material, seized documents, appraisal reports, enquiries made by the investigation wing and various enquiries made by the Assessing Officer during the assessment proceedings and the reply submitted by the assessee, and after due application

Shri Ravinder Singh, Jalandhar vs. Deputy Commissioner of Income Tax Central Circle-1, Jalandhar

In the result, the appeals of the assessee are allowed

ITA 8/ASR/2020[2016-17]Status: DisposedITAT Amritsar26 Jul 2023AY 2016-17

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Surinder Mahajan, CAFor Respondent: Sh. Hitendra Bhauraoji Ninawe, CIT DR
Section 143(2)Section 153ASection 153D

purpose of approval, the Approving Authority is required to see all search material including incriminating material, seized documents, appraisal reports, enquiries made by the investigation wing and various enquiries made by the Assessing Officer during the assessment proceedings and the reply submitted by the assessee, and after due application

Shri Ravinder Singh, Jalandhar vs. Deputy Commissioner of Income Tax Central Circle-1, Jalandhar

In the result, the appeals of the assessee are allowed

ITA 7/ASR/2020[2015-16]Status: DisposedITAT Amritsar26 Jul 2023AY 2015-16

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Surinder Mahajan, CAFor Respondent: Sh. Hitendra Bhauraoji Ninawe, CIT DR
Section 143(2)Section 153ASection 153D

purpose of approval, the Approving Authority is required to see all search material including incriminating material, seized documents, appraisal reports, enquiries made by the investigation wing and various enquiries made by the Assessing Officer during the assessment proceedings and the reply submitted by the assessee, and after due application

Shri Ravinder Singh, Jalandhar vs. Deputy Commissioner of Income Tax Central Circle-1, Jalandhar

In the result, the appeals of the assessee are allowed

ITA 6/ASR/2020[2013-14]Status: DisposedITAT Amritsar26 Jul 2023AY 2013-14

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Surinder Mahajan, CAFor Respondent: Sh. Hitendra Bhauraoji Ninawe, CIT DR
Section 143(2)Section 153ASection 153D

purpose of approval, the Approving Authority is required to see all search material including incriminating material, seized documents, appraisal reports, enquiries made by the investigation wing and various enquiries made by the Assessing Officer during the assessment proceedings and the reply submitted by the assessee, and after due application

Shri Ravinder Singh, Jalandhar vs. Deputy Commissioner of Income Tax Central Circle-1, Jalandhar

In the result, the appeals of the assessee are allowed

ITA 5/ASR/2020[2012-13]Status: DisposedITAT Amritsar26 Jul 2023AY 2012-13

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Surinder Mahajan, CAFor Respondent: Sh. Hitendra Bhauraoji Ninawe, CIT DR
Section 143(2)Section 153ASection 153D

purpose of approval, the Approving Authority is required to see all search material including incriminating material, seized documents, appraisal reports, enquiries made by the investigation wing and various enquiries made by the Assessing Officer during the assessment proceedings and the reply submitted by the assessee, and after due application

DCIT, CC-20, New Delhi vs. Shiv Kumar Nayyar, Delhi

In the result, all the appeals of the assessee are allowed and the appeal of the Revenue for AY 2015-16 is dismissed

ITA 1867/DEL/2021[2015-16]Status: DisposedITAT Delhi26 Jul 2023AY 2015-16

Bench: Shri Saktijit Dey & Shri M. Balaganesh

For Appellant: Shri Anil Kumar Jain,, CAFor Respondent: Ms Sapna Bhatia, CIT-DR
Section 132Section 153ASection 153D

Central Range, the ld. Addl. CIT is involved in the search assessment proceedings right from the time of receipt of appraisal report from the Investigation Wing and is involved with the ld. AO from time to time while issuing various questionnaires to the assessee. The ld. Addl. CIT in Central ... Addl. CIT is involved with the search assessment proceedings right from the time of receipt of appraisal report from the Investigation Wing, still, the ld. Addl.CIT, while granting the approval u/s 153D has to independently apply his mind dehors the conclusions drawn either by the Investigation Wing in the appraisal

Shiv Kumar Nayyar, New Delhi vs. ACIT Central Circle-20, New Delhi

In the result, all the appeals of the assessee are allowed and the appeal of the Revenue for AY 2015-16 is dismissed

ITA 1285/DEL/2020[2014-15]Status: DisposedITAT Delhi26 Jul 2023AY 2014-15

Bench: Shri Saktijit Dey & Shri M. Balaganesh

For Appellant: Shri Anil Kumar Jain,, CAFor Respondent: Ms Sapna Bhatia, CIT-DR
Section 132Section 153ASection 153D

Central Range, the ld. Addl. CIT is involved in the search assessment proceedings right from the time of receipt of appraisal report from the Investigation Wing and is involved with the ld. AO from time to time while issuing various questionnaires to the assessee. The ld. Addl. CIT in Central ... Addl. CIT is involved with the search assessment proceedings right from the time of receipt of appraisal report from the Investigation Wing, still, the ld. Addl.CIT, while granting the approval u/s 153D has to independently apply his mind dehors the conclusions drawn either by the Investigation Wing in the appraisal

Shiv Kumar Nayyar, New Delhi vs. ACIT Central Circle-20, New Delhi

In the result, all the appeals of the assessee are allowed and the appeal of the Revenue for AY 2015-16 is dismissed

ITA 1283/DEL/2020[2012-13]Status: PendingITAT Delhi26 Jul 2023AY 2012-13

Bench: Shri Saktijit Dey & Shri M. Balaganesh

For Appellant: Shri Anil Kumar Jain,, CAFor Respondent: Ms Sapna Bhatia, CIT-DR
Section 132Section 153ASection 153D

Central Range, the ld. Addl. CIT is involved in the search assessment proceedings right from the time of receipt of appraisal report from the Investigation Wing and is involved with the ld. AO from time to time while issuing various questionnaires to the assessee. The ld. Addl. CIT in Central ... Addl. CIT is involved with the search assessment proceedings right from the time of receipt of appraisal report from the Investigation Wing, still, the ld. Addl.CIT, while granting the approval u/s 153D has to independently apply his mind dehors the conclusions drawn either by the Investigation Wing in the appraisal

Shiv Kumar Nayyar, New Delhi vs. ACIT Central Circle-20, New Delhi

In the result, all the appeals of the assessee are allowed and the appeal of the Revenue for AY 2015-16 is dismissed

ITA 1282/DEL/2020[2011-12]Status: DisposedITAT Delhi26 Jul 2023AY 2011-12

Bench: Shri Saktijit Dey & Shri M. Balaganesh

For Appellant: Shri Anil Kumar Jain,, CAFor Respondent: Ms Sapna Bhatia, CIT-DR
Section 132Section 153ASection 153D

Central Range, the ld. Addl. CIT is involved in the search assessment proceedings right from the time of receipt of appraisal report from the Investigation Wing and is involved with the ld. AO from time to time while issuing various questionnaires to the assessee. The ld. Addl. CIT in Central ... Addl. CIT is involved with the search assessment proceedings right from the time of receipt of appraisal report from the Investigation Wing, still, the ld. Addl.CIT, while granting the approval u/s 153D has to independently apply his mind dehors the conclusions drawn either by the Investigation Wing in the appraisal

Dcm Shriram Industries Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are disposed off as above

ITA 375/DEL/2015[2005-06]Status: DisposedITAT Delhi26 Jul 2023AY 2005-06

Bench: Sh. G. S. Pannu & Sh. Amit Shuklaassessment Year: 2004-05 Assessment Year: 2005-06 & Assessment Year: 2006-07 Dcm Shriram Industries Ltd. The Dcit 6Th Floor, Kanchanjunga Circle 7(1), Building New Delhi 18, Barakhamba Road, New Delhi-110001 Assessee By: Sh. Pradeep Dinodia, F.C.A. Sh. R. K. Kapoor F. C. A. Department By: Sh. Dilip Singh Kothari Cit-Dr Date Of Hearing .06.2023 Date Of Pronouncement 26.07.2023 1. The Aforesaid Appeals Have Been Filed By The Assessee Against Orders Passed By Ld. Cit (A) Vide The Common Order Dated 22.09.2014 For The A. Y. 2004-05 & A. Y. 2005-06 (I.E., Appeal Nos. 409 To 410/13-14/1560 To 1561) Appeal Relating To A. Y. 2006-07, Is Against Order Dated 07.12.2011 (Appeal No. 419/08- 09/118) For The Quantum Of Assessment Passed U/S 143(3) Of The Income Tax Act. In All These Appeals Identical Grounds Of Appeals Have Been Raised Against Certain Common Issues On The Additions 1

For Appellant: Sh. Pradeep Dinodia, F.C.AFor Respondent: Sh. Dilip Singh Kothari CIT-DR
Section 132Section 132(4)Section 133ASection 143(3)Section 153A(2)Section 153CSection 69C

This shows that no independent verification/examination was done by the Assessing Officer who simply relied upon the seized material supplied to him by the Investigation Wing. 52. As mentioned elsewhere, the Revenue has not brought anything on record to establish that the production figures reflected in the tables were forwarded

Dcm Shriram Industries Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are disposed off as above

ITA 374/DEL/2015[2004-05]Status: DisposedITAT Delhi26 Jul 2023AY 2004-05

Bench: Sh. G. S. Pannu & Sh. Amit Shuklaassessment Year: 2004-05 Assessment Year: 2005-06 & Assessment Year: 2006-07 Dcm Shriram Industries Ltd. The Dcit 6Th Floor, Kanchanjunga Circle 7(1), Building New Delhi 18, Barakhamba Road, New Delhi-110001 Assessee By: Sh. Pradeep Dinodia, F.C.A. Sh. R. K. Kapoor F. C. A. Department By: Sh. Dilip Singh Kothari Cit-Dr Date Of Hearing .06.2023 Date Of Pronouncement 26.07.2023 1. The Aforesaid Appeals Have Been Filed By The Assessee Against Orders Passed By Ld. Cit (A) Vide The Common Order Dated 22.09.2014 For The A. Y. 2004-05 & A. Y. 2005-06 (I.E., Appeal Nos. 409 To 410/13-14/1560 To 1561) Appeal Relating To A. Y. 2006-07, Is Against Order Dated 07.12.2011 (Appeal No. 419/08- 09/118) For The Quantum Of Assessment Passed U/S 143(3) Of The Income Tax Act. In All These Appeals Identical Grounds Of Appeals Have Been Raised Against Certain Common Issues On The Additions 1

For Appellant: Sh. Pradeep Dinodia, F.C.AFor Respondent: Sh. Dilip Singh Kothari CIT-DR
Section 132Section 132(4)Section 133ASection 143(3)Section 153A(2)Section 153CSection 69C

This shows that no independent verification/examination was done by the Assessing Officer who simply relied upon the seized material supplied to him by the Investigation Wing. 52. As mentioned elsewhere, the Revenue has not brought anything on record to establish that the production figures reflected in the tables were forwarded

Dcm Shriram Industries Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are disposed off as above

ITA 641/DEL/2012[2006-07]Status: DisposedITAT Delhi26 Jul 2023AY 2006-07

Bench: Sh. G. S. Pannu & Sh. Amit Shuklaassessment Year: 2004-05 Assessment Year: 2005-06 & Assessment Year: 2006-07 Dcm Shriram Industries Ltd. The Dcit 6Th Floor, Kanchanjunga Circle 7(1), Building New Delhi 18, Barakhamba Road, New Delhi-110001 Assessee By: Sh. Pradeep Dinodia, F.C.A. Sh. R. K. Kapoor F. C. A. Department By: Sh. Dilip Singh Kothari Cit-Dr Date Of Hearing .06.2023 Date Of Pronouncement 26.07.2023 1. The Aforesaid Appeals Have Been Filed By The Assessee Against Orders Passed By Ld. Cit (A) Vide The Common Order Dated 22.09.2014 For The A. Y. 2004-05 & A. Y. 2005-06 (I.E., Appeal Nos. 409 To 410/13-14/1560 To 1561) Appeal Relating To A. Y. 2006-07, Is Against Order Dated 07.12.2011 (Appeal No. 419/08- 09/118) For The Quantum Of Assessment Passed U/S 143(3) Of The Income Tax Act. In All These Appeals Identical Grounds Of Appeals Have Been Raised Against Certain Common Issues On The Additions 1

For Appellant: Sh. Pradeep Dinodia, F.C.AFor Respondent: Sh. Dilip Singh Kothari CIT-DR
Section 132Section 132(4)Section 133ASection 143(3)Section 153A(2)Section 153CSection 69C

This shows that no independent verification/examination was done by the Assessing Officer who simply relied upon the seized material supplied to him by the Investigation Wing. 52. As mentioned elsewhere, the Revenue has not brought anything on record to establish that the production figures reflected in the tables were forwarded

ITO, Ward-2(1), Thane vs. Shri Jitendra Kumar Ajaypal Singh, Thane

Accordingly, the AO is directed to delete the addition. Thus, the grounds of appeal raised by the assessee are allowed

ITA 1363/MUM/2023[2011-12]Status: DisposedITAT Mumbai25 Jul 2023AY 2011-12

Bench: Shri Kuldip Singhassessment Year: 2011-12

For Appellant: NoneFor Respondent: Shri B. Laxmi Kanth, D.R
Section 143(3)Section 147

Nivyah Infrastructure and Telecom Services Ltd., which was identified as penny stock listed on BSE as per the investigation conducted by the Investigation Wing of the Income Tax Department, Mumbai. 6.7 Also, it was reported that the shares of the abovementioned company were traded on BSE for the purpose ... short term capital loss. In regard to the transactions made by the assessee in the said penny stock, the AO received information from the Investigation Wing that the assessee sold shares for Rs. 1,36,575/- during the FY 2010-11 relevant to the impugned AY 2011-12. 6.8 During

Vinod Kumar Garg, Delhi vs. ITO, Ward- 36(5), New Delhi

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 6678/DEL/2018[2014-15]Status: DisposedITAT Delhi25 Jul 2023AY 2014-15

Bench: Shri Kul Bharat[Assessment Year : 2014-15] Vinod Kumar Garg, Vs Ito, A/160, Gujranwala Town Part-I, Ward-36(5), New Delhi-110009. New Delhi. Pan-Aaapg4116B Appellant Respondent Appellant By Shri Pranav Yadav, Adv. Respondent By Shri Om Parkash, Sr.Dr Date Of Hearing 26.06.2023 Date Of Pronouncement 25.07.2023

Section 10(38)Section 115BSection 142(1)Section 143(2)Section 68

assessee had claimed LTCG of INR 37,11,992/-. The AO further recorded that the statement of brokers at Kolkata were recorded by the Investigation Wing. The AO noticed that the assessee was one of the beneficiaries of LTCG, obtained by way of trading of shares of M/s. Blazon Marble ... primary onus was on the assessee to prove the genuineness of the transaction. There was credible information from Investigation Wing who had carried out certain inquiries which had direct link with the transaction made by the assessee. Further, analysis of facts and circumstances and financial scrip under consideration was done

M/S. Steering Securities and Finance Pvt. Ltd., New Delhi vs. ITO, New Delhi

In the result, the appeal of the assessee is allowed

ITA 5194/DEL/2014[2005-06]Status: DisposedITAT Delhi25 Jul 2023AY 2005-06

Bench: Sh. C. M. Gargdr. B. R. R. Kumar

For Appellant: Sh. Ashok Kumar Jain, CAFor Respondent: Sh. Anuj Garg, Sr. DR
Section 147Section 148Section 151(2)Section 68

Unit-IV, Investigation, New Delhi is Rs. 72,00,000/-. This name of the entry operators has been earlier identified and examine by the Investigation Wing, New Delhi of and goes to conclusively prove that the assessee company i.e. M/s 3 Steering Securities & Finance Pvt. Ltd. Steering Securities & Finance Private

Ruchit Dineshbhai Doshi, Surat vs. Income Tax Officer Ward - 2(2)(1), Surat

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

ITA 216/SRT/2023[2013-14]Status: DisposedITAT Surat25 Jul 2023AY 2013-14

Bench: Shri Pawan Singh(Physical Hearing) Ruchit Dineshbhai Doshi, I.T.O., C-10, 5/6, Somakanji Estate-2, Opp- Ward-2(2)(1), Vs. Sanidev Mandir, Magdalla Bo, Surat. Surat-395007 (Gujarat) Pan No. Afxpd 4008 F Appellant/ Assessee Respondent/ Revenue

Section 148Section 254(1)Section 271(1)(c)Section 274Section 68

that the assessee has taken entry of bogus long term capital gain. Addition of long term capital gain was based on detailed enquiry of Investigation Wing and the assessee has accepted the addition, thus he satisfied that the levy of penalty by Assessing Officer was justified. Further aggrieved, the assessee ... return of income as well as during the assessment proceedings. The case of assessee was reopened on the basis of information provided by the Investigation Wing, Ahmedabad. The Assessing Officer made addition on the basis of information of Investigation Wing. It is admitted fact that the assessee has not filed

M/S. Spr Spirits Private Limited (Formerly Known As Spr Group Holdings Private Limited), Bangalore vs. Deputy Commissioner of Income Tax, Central Circle- 1(3), Bangalore

In the result, the appeals of the assessee are partly allowed for statistical purposes

ITA 134/BANG/2023[2011-12]Status: DisposedITAT Bangalore24 Jul 2023AY 2011-12

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Bharath L., A.RFor Respondent: Ms. Neera Malhotra, D.R

ITA Nos.131 to 134/Bang/2023, M/s. SPR Spirits Pvt. Ltd., Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “C’’ BENCH: BANGALORE BEFORE

M/S. Spr Spirits Private Limited (Formerly Known As Spr Group Holdings Private Limited), Bangalore vs. Deputy Commissioner of Income Tax, Central Circle- 1(3), Bangalore

In the result, the appeals of the assessee are partly allowed for statistical purposes

ITA 133/BANG/2023[2010-11]Status: DisposedITAT Bangalore24 Jul 2023AY 2010-11

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Bharath L., A.RFor Respondent: Ms. Neera Malhotra, D.R

ITA Nos.131 to 134/Bang/2023, M/s. SPR Spirits Pvt. Ltd., Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “C’’ BENCH: BANGALORE BEFORE

M/S. Spr Spirits Private Limited (Formerly Known As Spr Group Holdings Private Limited), Bangalore vs. Deputy Commissioner of Income Tax, Central Circle- 1(3), Bangalore

In the result, the appeals of the assessee are partly allowed for statistical purposes

ITA 132/BANG/2023[2009-2010]Status: DisposedITAT Bangalore24 Jul 2023AY 2009-2010

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Bharath L., A.RFor Respondent: Ms. Neera Malhotra, D.R

ITA Nos.131 to 134/Bang/2023, M/s. SPR Spirits Pvt. Ltd., Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “C’’ BENCH: BANGALORE BEFORE

M/S. Spr Spirits Private Limited (Formerly Known As Spr Group Holdings Private Limited), Bangalore vs. Deputy Commissioner of Income Tax, Central Circle- 1(3), Bangalore

In the result, the appeals of the assessee are partly allowed for statistical purposes

ITA 131/BANG/2023[2008-2009]Status: DisposedITAT Bangalore24 Jul 2023AY 2008-2009

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Bharath L., A.RFor Respondent: Ms. Neera Malhotra, D.R

ITA Nos.131 to 134/Bang/2023, M/s. SPR Spirits Pvt. Ltd., Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “C’’ BENCH: BANGALORE BEFORE