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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

Trident Commercial Pvt. Ltd., Kolkata vs. I.T.O., Ward-8(2), Kolkata

In the result, the appeal of the assessee stands dismissed

ITA 1738/KOL/2019[2014-15]Status: DisposedITAT Kolkata01 May 2023AY 2014-15

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.1738/Kol/2019 Assessment Year: 2014-15 Trident Commercial Pvt. Ltd.............................................................……Appellant Room 408A, 25A, Camac Street, W.B-700016. [Pan: Aaact9662L] Vs. Ito, Ward-8(2), Kolkata……….…...................……........……...…..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 15, 2023 Date Of Pronouncing The Order : May 01, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 21.05.2019 Of The Commissioner Of Income Tax(Appeals)-3, Kolkata (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. This Appeal Was Listed On Board On 03.12.2019 & Thereafter, It Has Been Fixed For Almost More Than 25 Times. Earlier, There Was No Response From The Assessee/Appellant To The Notices Of Hearing Issued By The Tribunal On Various Dates. However, On Certain Dates Shri Somnath Ghosh Appeared On Behalf Of The Assessee & Requested For Adjournments Which Were Accordingly Granted. However, From The Last

Section 250

loss and the said company was found to be penny stock company created for the purpose of booking bogus capital gains/capital loss by the Investigation Wing. The issue of booking of bogus capital gains/loss in penny stock companies has come into consideration before the Hon’ble Jurisdictional High Court ... above scrip of ASHIKACR in which the assessee traded appeared in the list of 84 scrip involved in dubious transaction identified by the Investigation Wing. The said report of the Investigation Wing has been duly taken note by the Hon’ble Calcutta High Court. In view of this, the issue

Dy CIT CC 4(3), Mumbai vs. Shri. Rajesh Omprakash Agrawal, Thane

In the result ground number 1

ITA 1284/MUM/2020[2015-16]Status: DisposedITAT Mumbai01 May 2023AY 2015-16

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm Dcit(Cc)4(3) Rajesh Omprakash Agrawal R No. 1921, 19Th Floor, Air 16 Sai Shyam Chhaya Kopar India Bldg, Nariman Point, Road, Dombivali West, Vs. Thane-421202 Mumbai-400 021 (Appellant) (Respondent) Dcit(Cc)4(3) Rajesh Omprakash Agrawal R No. 1921, 19Th Floor, Air 16 Sai Shyam Chhaya Kopar India Bldg, Nariman Point, Road, Dombivali West, Vs. Thane-421202 Mumbai-400 021 (Appellant) (Respondent) Pan No. Adypa5448F Assessee By : Shri. Ajay Daga, Ashok Bansal Revenue By : Ms Ridhi Mishra (Cit Dr) Date Of Hearing: 02.02.2023 Date Of Pronouncement : 01.05.2023

For Appellant: Shri. Ajay Daga, Ashok BansalFor Respondent: Ms Ridhi Mishra (CIT DR)
Section 10Section 132Section 133ASection 142Section 143Section 153ASection 153C

tenable in the backdrop of the prearranged trading in shares of various non- descriptive listed companies established as penny stock by the investigation wing. The learned AO also held that RK Kedia group has been involved in evading income tax itself but also helping other persons in revision of income ... close network of associates in Delhi Mumbai and Calcutta. The entire entry providing operation comprises of various level. Accordingly, relying on the report of investigation wing where the modus operandi of accommodation entry of long- term capital gain is explained and ultimately he held that the scheme is a pure

M/S. Allied Perfumers Pvt. Ltd., Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are allowed

ITA 5179/DEL/2015[2007-08]Status: DisposedITAT Delhi28 Apr 2023AY 2007-08

Bench: Sh. C. M. Gargdr. B. R. R. Kumarita No. 3989/Del/2015 : Asstt. Year : 2005-06 Ita No. 3990/Del/2015 : Asstt. Year : 2006-07 Ita No. 5179/Del/2015 : Asstt. Year : 2007-08 Ita No. 3991/Del/2015 : Asstt. Year : 2008-09 Ita No. 3992/Del/2015 : Asstt. Year : 2010-11 M/S Allied Perfumers Pvt. Ltd., Vs Dcit, Rajiv Saxena & Co. Adv. & Solictors, Central Circle-1, H.O. 318-D, Mayur Vihar, Phase-Ii, New Delhi New Delhi-110091 (Appellant) (Respondent) Pan No. Aacca4321K Assessee By : Sh. Rajeev Saxena, Adv. & Sh. Shyam Sunder, Adv. Revenue By : Sh. P. Praveen Sidharth, Cit Dr Date Of Hearing: 14.02.2023 Date Of Pronouncement: 28.04.2023

For Appellant: Sh. Rajeev Saxena, Adv. &For Respondent: Sh. P. Praveen Sidharth, CIT DR
Section 132(1)Section 145Section 153Section 153A

Dharmpal Satyapal Ltd. 5.1. The search and seizure proceedings in the case of the assessee company were carried out on 03.03.2011 by the Investigation Wing of the Department, New Delhi and in the appraisal report prepared by the Investigation Wing, the bogus sales made by the assessee company i.e. Allied ... they have been filed with these government departments. Your honour, all such VAT and Excise Returns has been even found can/ seized by the investigation wing during the search proceedings. Your honour, further it has been submitted that all the sales made by the assessee company has been duly accounted

M/S. Allied Perfumers Pvt. Ltd., Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are allowed

ITA 3992/DEL/2015[2010-11]Status: DisposedITAT Delhi28 Apr 2023AY 2010-11

Bench: Sh. C. M. Gargdr. B. R. R. Kumarita No. 3989/Del/2015 : Asstt. Year : 2005-06 Ita No. 3990/Del/2015 : Asstt. Year : 2006-07 Ita No. 5179/Del/2015 : Asstt. Year : 2007-08 Ita No. 3991/Del/2015 : Asstt. Year : 2008-09 Ita No. 3992/Del/2015 : Asstt. Year : 2010-11 M/S Allied Perfumers Pvt. Ltd., Vs Dcit, Rajiv Saxena & Co. Adv. & Solictors, Central Circle-1, H.O. 318-D, Mayur Vihar, Phase-Ii, New Delhi New Delhi-110091 (Appellant) (Respondent) Pan No. Aacca4321K Assessee By : Sh. Rajeev Saxena, Adv. & Sh. Shyam Sunder, Adv. Revenue By : Sh. P. Praveen Sidharth, Cit Dr Date Of Hearing: 14.02.2023 Date Of Pronouncement: 28.04.2023

For Appellant: Sh. Rajeev Saxena, Adv. &For Respondent: Sh. P. Praveen Sidharth, CIT DR
Section 132(1)Section 145Section 153Section 153A

Dharmpal Satyapal Ltd. 5.1. The search and seizure proceedings in the case of the assessee company were carried out on 03.03.2011 by the Investigation Wing of the Department, New Delhi and in the appraisal report prepared by the Investigation Wing, the bogus sales made by the assessee company i.e. Allied ... they have been filed with these government departments. Your honour, all such VAT and Excise Returns has been even found can/ seized by the investigation wing during the search proceedings. Your honour, further it has been submitted that all the sales made by the assessee company has been duly accounted

M/S. Allied Perfumers Pvt. Ltd., Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are allowed

ITA 3991/DEL/2015[2008-09]Status: DisposedITAT Delhi28 Apr 2023AY 2008-09

Bench: Sh. C. M. Gargdr. B. R. R. Kumarita No. 3989/Del/2015 : Asstt. Year : 2005-06 Ita No. 3990/Del/2015 : Asstt. Year : 2006-07 Ita No. 5179/Del/2015 : Asstt. Year : 2007-08 Ita No. 3991/Del/2015 : Asstt. Year : 2008-09 Ita No. 3992/Del/2015 : Asstt. Year : 2010-11 M/S Allied Perfumers Pvt. Ltd., Vs Dcit, Rajiv Saxena & Co. Adv. & Solictors, Central Circle-1, H.O. 318-D, Mayur Vihar, Phase-Ii, New Delhi New Delhi-110091 (Appellant) (Respondent) Pan No. Aacca4321K Assessee By : Sh. Rajeev Saxena, Adv. & Sh. Shyam Sunder, Adv. Revenue By : Sh. P. Praveen Sidharth, Cit Dr Date Of Hearing: 14.02.2023 Date Of Pronouncement: 28.04.2023

For Appellant: Sh. Rajeev Saxena, Adv. &For Respondent: Sh. P. Praveen Sidharth, CIT DR
Section 132(1)Section 145Section 153Section 153A

Dharmpal Satyapal Ltd. 5.1. The search and seizure proceedings in the case of the assessee company were carried out on 03.03.2011 by the Investigation Wing of the Department, New Delhi and in the appraisal report prepared by the Investigation Wing, the bogus sales made by the assessee company i.e. Allied ... they have been filed with these government departments. Your honour, all such VAT and Excise Returns has been even found can/ seized by the investigation wing during the search proceedings. Your honour, further it has been submitted that all the sales made by the assessee company has been duly accounted

M/S. Allied Perfumers Pvt. Ltd., Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are allowed

ITA 3990/DEL/2015[2006-07]Status: DisposedITAT Delhi28 Apr 2023AY 2006-07

Bench: Sh. C. M. Gargdr. B. R. R. Kumarita No. 3989/Del/2015 : Asstt. Year : 2005-06 Ita No. 3990/Del/2015 : Asstt. Year : 2006-07 Ita No. 5179/Del/2015 : Asstt. Year : 2007-08 Ita No. 3991/Del/2015 : Asstt. Year : 2008-09 Ita No. 3992/Del/2015 : Asstt. Year : 2010-11 M/S Allied Perfumers Pvt. Ltd., Vs Dcit, Rajiv Saxena & Co. Adv. & Solictors, Central Circle-1, H.O. 318-D, Mayur Vihar, Phase-Ii, New Delhi New Delhi-110091 (Appellant) (Respondent) Pan No. Aacca4321K Assessee By : Sh. Rajeev Saxena, Adv. & Sh. Shyam Sunder, Adv. Revenue By : Sh. P. Praveen Sidharth, Cit Dr Date Of Hearing: 14.02.2023 Date Of Pronouncement: 28.04.2023

For Appellant: Sh. Rajeev Saxena, Adv. &For Respondent: Sh. P. Praveen Sidharth, CIT DR
Section 132(1)Section 145Section 153Section 153A

Dharmpal Satyapal Ltd. 5.1. The search and seizure proceedings in the case of the assessee company were carried out on 03.03.2011 by the Investigation Wing of the Department, New Delhi and in the appraisal report prepared by the Investigation Wing, the bogus sales made by the assessee company i.e. Allied ... they have been filed with these government departments. Your honour, all such VAT and Excise Returns has been even found can/ seized by the investigation wing during the search proceedings. Your honour, further it has been submitted that all the sales made by the assessee company has been duly accounted

M/S. Allied Perfumers Pvt. Ltd., Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are allowed

ITA 3989/DEL/2015[2005-06]Status: DisposedITAT Delhi28 Apr 2023AY 2005-06

Bench: Sh. C. M. Gargdr. B. R. R. Kumarita No. 3989/Del/2015 : Asstt. Year : 2005-06 Ita No. 3990/Del/2015 : Asstt. Year : 2006-07 Ita No. 5179/Del/2015 : Asstt. Year : 2007-08 Ita No. 3991/Del/2015 : Asstt. Year : 2008-09 Ita No. 3992/Del/2015 : Asstt. Year : 2010-11 M/S Allied Perfumers Pvt. Ltd., Vs Dcit, Rajiv Saxena & Co. Adv. & Solictors, Central Circle-1, H.O. 318-D, Mayur Vihar, Phase-Ii, New Delhi New Delhi-110091 (Appellant) (Respondent) Pan No. Aacca4321K Assessee By : Sh. Rajeev Saxena, Adv. & Sh. Shyam Sunder, Adv. Revenue By : Sh. P. Praveen Sidharth, Cit Dr Date Of Hearing: 14.02.2023 Date Of Pronouncement: 28.04.2023

For Appellant: Sh. Rajeev Saxena, Adv. &For Respondent: Sh. P. Praveen Sidharth, CIT DR
Section 132(1)Section 145Section 153Section 153A

Dharmpal Satyapal Ltd. 5.1. The search and seizure proceedings in the case of the assessee company were carried out on 03.03.2011 by the Investigation Wing of the Department, New Delhi and in the appraisal report prepared by the Investigation Wing, the bogus sales made by the assessee company i.e. Allied ... they have been filed with these government departments. Your honour, all such VAT and Excise Returns has been even found can/ seized by the investigation wing during the search proceedings. Your honour, further it has been submitted that all the sales made by the assessee company has been duly accounted