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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

ACIT 22 (3), Mumbai vs. M/S Rukhana Enterprises, Mumbai

In the result, the appeals of the revenue stand dismissed

ITA 6508/MUM/2019[2012-13]Status: DisposedITAT Mumbai31 Mar 2023AY 2012-13

Bench: Shri Aby T Varkey & Shri Amarjit Singhita Nos. 6505 & 6508/Mum/2019 (A.Ys.2009-10 & 2012-13) Acit-22(3) Vs. M/S Rukhana Enterprises 305, 3Rd Floor, Piramal Centrum House, 8Th Floor Chambers, Lal Baug, Kalina, Santacruz (East), Parel, Mumbai – 400 012 Mumbai – 400 055 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aacfr6072M Appellant .. Respondent Appellant By : Smt. Mahita Nair Respondent By : Shri Bhupendra Shah Date Of Hearing 13.01.2023 Date Of Pronouncement 31.03.2023 आदेश / O R D E R Per Amarjit Singh (Am): These Two Appeals Filed By The Revenue Are Directed Against The Common Order Of Cit(A)-34, Mumbai, Dated 11.07.2019. Since Common Issue On Identical Facts Are Involved In These Two Appeals Filed By The Revenue, Therefore, These Appeals Are Adjudicated Together By Taking Ita No. 6505/Mum/2019 As Lead Case & Its Finding Will Be Applied To Ita No. 6508/Mum/2019 Mutatis Mutandis. 1. On The Facts & In The Circumstances Of The Case & In Law, The Cit(A) Erred In Deleting The Addition Of Rs.3,26,00,000/-Made On Bogus & Non Genuine Loan & The Proportionate Disallowance Of Interest Of Rs.21,96,699/- On The Said Loan Ignoring The Fact That The Assessee Completely Failed In Substantiating The Loan The Loan Taken From The Parties Who Are Involved In Providing Accommodation Entries Only.

For Appellant: Smt. Mahita NairFor Respondent: Shri Bhupendra Shah
Section 147Section 148Section 68

Enterprises investigation being pertaining to the search action conducted in the case of Shri Bhawarlal Jain and his group. The A.O further stated that investigation wing had carried out thorough investigation and established beyond doubt that the transaction were bogus. The A.O further stated that mere filing of evidence such

ACIT 22 (3), Mumbai vs. M/S Rukhana Enterprises, Mumbai

In the result, the appeals of the revenue stand dismissed

ITA 6505/MUM/2019[2009-10]Status: DisposedITAT Mumbai31 Mar 2023AY 2009-10

Bench: Shri Aby T Varkey & Shri Amarjit Singhita Nos. 6505 & 6508/Mum/2019 (A.Ys.2009-10 & 2012-13) Acit-22(3) Vs. M/S Rukhana Enterprises 305, 3Rd Floor, Piramal Centrum House, 8Th Floor Chambers, Lal Baug, Kalina, Santacruz (East), Parel, Mumbai – 400 012 Mumbai – 400 055 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aacfr6072M Appellant .. Respondent Appellant By : Smt. Mahita Nair Respondent By : Shri Bhupendra Shah Date Of Hearing 13.01.2023 Date Of Pronouncement 31.03.2023 आदेश / O R D E R Per Amarjit Singh (Am): These Two Appeals Filed By The Revenue Are Directed Against The Common Order Of Cit(A)-34, Mumbai, Dated 11.07.2019. Since Common Issue On Identical Facts Are Involved In These Two Appeals Filed By The Revenue, Therefore, These Appeals Are Adjudicated Together By Taking Ita No. 6505/Mum/2019 As Lead Case & Its Finding Will Be Applied To Ita No. 6508/Mum/2019 Mutatis Mutandis. 1. On The Facts & In The Circumstances Of The Case & In Law, The Cit(A) Erred In Deleting The Addition Of Rs.3,26,00,000/-Made On Bogus & Non Genuine Loan & The Proportionate Disallowance Of Interest Of Rs.21,96,699/- On The Said Loan Ignoring The Fact That The Assessee Completely Failed In Substantiating The Loan The Loan Taken From The Parties Who Are Involved In Providing Accommodation Entries Only.

For Appellant: Smt. Mahita NairFor Respondent: Shri Bhupendra Shah
Section 147Section 148Section 68

Enterprises investigation being pertaining to the search action conducted in the case of Shri Bhawarlal Jain and his group. The A.O further stated that investigation wing had carried out thorough investigation and established beyond doubt that the transaction were bogus. The A.O further stated that mere filing of evidence such