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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

Bhatia Energy and Minerals Pvt. Ltd., Bilaspur vs. Income Tax Officer, Ward-1(1), Bilaspur

In the result, appeal of the assessee is allowed for statistical purposes in terms of the aforesaid observations

ITA 259/RPR/2022[2011-12]Status: DisposedITAT Raipur16 Mar 2023AY 2011-12

Bench: Shri Ravish Soodआयकर अपील सं./ Ita No. 259/Rpr/2022 "नधा"रण वष" / Assessment Year : 2011-12 Bhatia Energy & Minerals Pvt. Ltd. Near Bank Of India, Dayalband, Bilaspur (C.G.)-495 001 Pan : Aadcb8992N .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward-1(1), Bilaspur (C.G.). ……""यथ" / Respondent

For Appellant: NoneFor Respondent: Shri Piyush Tripathi, Sr. DR
Section 143(3)Section 147Section 148Section 151(1)Section 250Section 68

case and in law, reasons recorded without having any tangible material for escaped income of Rs.25,00,000/- based on unverified information received from Investigation wing which is incorrect & on erroneous footings; without application of mind by the Ld. AO on borrowed satisfaction; merely on presumption & surmises; more so, addition

ITO, Ward-1(1), Kolkata vs. M/S Gemini Commerce, Kolkata

In the result, appeal of the revenue is dismissed

ITA 14/KOL/2021[2014-15]Status: DisposedITAT Kolkata15 Mar 2023AY 2014-15

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 14/Kol/2021 Assessment Year: 2014-15 Income Tax Officer, Ward - 11(1), M/S. Gemini Commerce Pvt. Ltd. Kolkata Vs 8A, Brown Field Row Kolkata - 700027 [Pan : Aadcg0842J] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Soumitra Choudhury, Advocate Revenue By : Shri Ranu Biswas, Addl. Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 01/02/2023 घोषणा क" तारीख /Date Of Pronouncement: 15/03/2023 आदेश/O R D E R Per Dr. Manish Borad: This Is The Appeal Preferred By The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-4, Kolkata (Hereinafter Referred To As The Ld. Cit(A)”], Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter The ‘Act’), Dated 21/09/2022 For The Assessment Year 2014-15. 2. The Registry Has Pointed Out That There Is A Delay Of Six (6) Days In Filing Of This Appeal In Time Before The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Stating The Reasons Of Delay. After Perusing The Same, We Find That The Assessee Was Prevented By Sufficient Cause From Filing The Appeal In Time Before The Tribunal. Hence, The Delay Is Condoned & The Appeal Is Admitted. 3. The Revenue Has Filed The Following Grounds Of Appeal:- “1. Whether On The Facts & In The Circumstances Of The Case, Ld. Cit(A) Was Justified In Deleting The Addition Of Rs.5,61,00,000/- Made By The Assessing Officer On Account Of Sale Of Unquoted Shares In The Course Of

For Appellant: Shri Soumitra Choudhury, AdvocateFor Respondent: Shri Ranu Biswas, Addl. CIT, D/R
Section 143(2)Section 250Section 68

period of time as seen from the balance sheet. In our opinion, the Assessing Officer has simply acted on the information received from the Investigation Wing without verifying the details furnished by the assessee. The assessee has also produced best possible evidence to support its claim. Consequently the addition made ... time as seen from the balance sheet's. In our opinion, the Assessing Officer has simply acted on the information received from the Investigation Wing without verifying the details furnished by the assessee. The assessee has also produced best possible evidence to support its claim. Consequently the addition made

Dr Deepak Arjundas, Chennai vs. ACIT, Chennai

In the result, appeals filed by the assessee for all the assessment

ITA 929/CHNY/2022[2016-2017]Status: DisposedITAT Chennai15 Mar 2023AY 2016-2017

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita Nos.924 To 929/Chny/2022 िनधा"रण वष" /Assessment Years: 2011-12 To 2016-17 Dr.Deepak Arjundas, V. The Asst. Commissioner- No.228-A, Kilpauk Garden Road, Of Income Tax, Chennai-600 010. Non-Corporate Circle-10(1), Chennai. [Pan: Aafpd 1050 N] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.S.Sundaraman, Ca ""यथ" क" ओर से /Respondent By : Mr.P.Sajit Kumar, Jcit सुनवाई क" तारीख/Date Of Hearing : 08.03.2023 घोषणा क" तारीख /Date Of Pronouncement : 15.03.2023 आदेश / O R D E R Per Bench: This Bunch Of Appeals Filed By The Assessee Are Directed Against

For Respondent: Mr.P.Sajit Kumar, JCIT
Section 139(5)Section 147Section 148Section 28

operations of a third party in which the Appellant was never a part of. 3. The AO presumed that the data received from the Investigation Wing is correct and complete - even though the person from whom the information was obtained did not authenticate it as correct and complete ... formation of reason to independently believe that income has escaped assessment. 5. The AO erred to notice that the unverified data obtained by the investigation wing of the income tax department in a case not related to the Appellant cannot lead to a live link between the material coming

Dr Deepak Arjundas, Chennai vs. ACIT, Chennai

In the result, appeals filed by the assessee for all the assessment

ITA 928/CHNY/2022[2015-2016]Status: DisposedITAT Chennai15 Mar 2023AY 2015-2016

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita Nos.924 To 929/Chny/2022 िनधा"रण वष" /Assessment Years: 2011-12 To 2016-17 Dr.Deepak Arjundas, V. The Asst. Commissioner- No.228-A, Kilpauk Garden Road, Of Income Tax, Chennai-600 010. Non-Corporate Circle-10(1), Chennai. [Pan: Aafpd 1050 N] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.S.Sundaraman, Ca ""यथ" क" ओर से /Respondent By : Mr.P.Sajit Kumar, Jcit सुनवाई क" तारीख/Date Of Hearing : 08.03.2023 घोषणा क" तारीख /Date Of Pronouncement : 15.03.2023 आदेश / O R D E R Per Bench: This Bunch Of Appeals Filed By The Assessee Are Directed Against

For Respondent: Mr.P.Sajit Kumar, JCIT
Section 139(5)Section 147Section 148Section 28

operations of a third party in which the Appellant was never a part of. 3. The AO presumed that the data received from the Investigation Wing is correct and complete - even though the person from whom the information was obtained did not authenticate it as correct and complete ... formation of reason to independently believe that income has escaped assessment. 5. The AO erred to notice that the unverified data obtained by the investigation wing of the income tax department in a case not related to the Appellant cannot lead to a live link between the material coming

Dr Deepak Arjundas, Chennai vs. ACIT, Chennai

In the result, appeals filed by the assessee for all the assessment

ITA 927/CHNY/2022[2014-2015]Status: DisposedITAT Chennai15 Mar 2023AY 2014-2015

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita Nos.924 To 929/Chny/2022 िनधा"रण वष" /Assessment Years: 2011-12 To 2016-17 Dr.Deepak Arjundas, V. The Asst. Commissioner- No.228-A, Kilpauk Garden Road, Of Income Tax, Chennai-600 010. Non-Corporate Circle-10(1), Chennai. [Pan: Aafpd 1050 N] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.S.Sundaraman, Ca ""यथ" क" ओर से /Respondent By : Mr.P.Sajit Kumar, Jcit सुनवाई क" तारीख/Date Of Hearing : 08.03.2023 घोषणा क" तारीख /Date Of Pronouncement : 15.03.2023 आदेश / O R D E R Per Bench: This Bunch Of Appeals Filed By The Assessee Are Directed Against

For Respondent: Mr.P.Sajit Kumar, JCIT
Section 139(5)Section 147Section 148Section 28

operations of a third party in which the Appellant was never a part of. 3. The AO presumed that the data received from the Investigation Wing is correct and complete - even though the person from whom the information was obtained did not authenticate it as correct and complete ... formation of reason to independently believe that income has escaped assessment. 5. The AO erred to notice that the unverified data obtained by the investigation wing of the income tax department in a case not related to the Appellant cannot lead to a live link between the material coming

Dr Deepak Arjundas, Chennai vs. ACIT, Chennai

In the result, appeals filed by the assessee for all the assessment

ITA 926/CHNY/2022[2013-2014]Status: DisposedITAT Chennai15 Mar 2023AY 2013-2014

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita Nos.924 To 929/Chny/2022 िनधा"रण वष" /Assessment Years: 2011-12 To 2016-17 Dr.Deepak Arjundas, V. The Asst. Commissioner- No.228-A, Kilpauk Garden Road, Of Income Tax, Chennai-600 010. Non-Corporate Circle-10(1), Chennai. [Pan: Aafpd 1050 N] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.S.Sundaraman, Ca ""यथ" क" ओर से /Respondent By : Mr.P.Sajit Kumar, Jcit सुनवाई क" तारीख/Date Of Hearing : 08.03.2023 घोषणा क" तारीख /Date Of Pronouncement : 15.03.2023 आदेश / O R D E R Per Bench: This Bunch Of Appeals Filed By The Assessee Are Directed Against

For Respondent: Mr.P.Sajit Kumar, JCIT
Section 139(5)Section 147Section 148Section 28

operations of a third party in which the Appellant was never a part of. 3. The AO presumed that the data received from the Investigation Wing is correct and complete - even though the person from whom the information was obtained did not authenticate it as correct and complete ... formation of reason to independently believe that income has escaped assessment. 5. The AO erred to notice that the unverified data obtained by the investigation wing of the income tax department in a case not related to the Appellant cannot lead to a live link between the material coming

Dr Deepak Arjundas, Chennai vs. ACIT, Chennai

In the result, appeals filed by the assessee for all the assessment

ITA 925/CHNY/2022[2012-2013]Status: DisposedITAT Chennai15 Mar 2023AY 2012-2013

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita Nos.924 To 929/Chny/2022 िनधा"रण वष" /Assessment Years: 2011-12 To 2016-17 Dr.Deepak Arjundas, V. The Asst. Commissioner- No.228-A, Kilpauk Garden Road, Of Income Tax, Chennai-600 010. Non-Corporate Circle-10(1), Chennai. [Pan: Aafpd 1050 N] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.S.Sundaraman, Ca ""यथ" क" ओर से /Respondent By : Mr.P.Sajit Kumar, Jcit सुनवाई क" तारीख/Date Of Hearing : 08.03.2023 घोषणा क" तारीख /Date Of Pronouncement : 15.03.2023 आदेश / O R D E R Per Bench: This Bunch Of Appeals Filed By The Assessee Are Directed Against

For Respondent: Mr.P.Sajit Kumar, JCIT
Section 139(5)Section 147Section 148Section 28

operations of a third party in which the Appellant was never a part of. 3. The AO presumed that the data received from the Investigation Wing is correct and complete - even though the person from whom the information was obtained did not authenticate it as correct and complete ... formation of reason to independently believe that income has escaped assessment. 5. The AO erred to notice that the unverified data obtained by the investigation wing of the income tax department in a case not related to the Appellant cannot lead to a live link between the material coming

Dr Deepak Arjundas, Chennai vs. ACIT, Chennai

In the result, appeals filed by the assessee for all the assessment

ITA 924/CHNY/2022[2011-2012]Status: DisposedITAT Chennai15 Mar 2023AY 2011-2012

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita Nos.924 To 929/Chny/2022 िनधा"रण वष" /Assessment Years: 2011-12 To 2016-17 Dr.Deepak Arjundas, V. The Asst. Commissioner- No.228-A, Kilpauk Garden Road, Of Income Tax, Chennai-600 010. Non-Corporate Circle-10(1), Chennai. [Pan: Aafpd 1050 N] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.S.Sundaraman, Ca ""यथ" क" ओर से /Respondent By : Mr.P.Sajit Kumar, Jcit सुनवाई क" तारीख/Date Of Hearing : 08.03.2023 घोषणा क" तारीख /Date Of Pronouncement : 15.03.2023 आदेश / O R D E R Per Bench: This Bunch Of Appeals Filed By The Assessee Are Directed Against

For Respondent: Mr.P.Sajit Kumar, JCIT
Section 139(5)Section 147Section 148Section 28

operations of a third party in which the Appellant was never a part of. 3. The AO presumed that the data received from the Investigation Wing is correct and complete - even though the person from whom the information was obtained did not authenticate it as correct and complete ... formation of reason to independently believe that income has escaped assessment. 5. The AO erred to notice that the unverified data obtained by the investigation wing of the income tax department in a case not related to the Appellant cannot lead to a live link between the material coming

Ram Gopal, Hyderabad vs. ITO, Ward-8(2), Hyderabad

In the result, appeal filed by the assessee is partly allowed

ITA 572/HYD/2022[2010-11]Status: DisposedITAT Hyderabad14 Mar 2023AY 2010-11

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: C.A MrudulathaFor Respondent: Shri KPRR Murthy, DR
Section 131Section 143(2)Section 143(3)Section 147Section 148

assessee at Rs.50,69,940/- wherein an amount of Rs.2,51,080/- was added as unvouched expenditure. 2.1 Subsequently, information was received from the Investigation Wing, Hyderabad wherein it has been mentioned that during the financial year 2007-08 relevant to A.Y 2008-09, the assessee has shown purchases ... decisions cited before us by both sides. We find the AO in the instant case, on the basis of the information received form the Investigation Wing, Hyderabad that the assessee during financial year 2007-08 relevant to A.Y 2008-09 has purchased Diamonds worth Rs.25,63,834/- from 3 entities

Ram Gopal, Hyderabad vs. ITO Ward-8(2), Hyderabad

In the result, appeal filed by the assessee is partly allowed

ITA 571/HYD/2022[2008-09]Status: DisposedITAT Hyderabad14 Mar 2023AY 2008-09

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: C.A MrudulathaFor Respondent: Shri KPRR Murthy, DR
Section 131Section 143(2)Section 143(3)Section 147Section 148

assessee at Rs.50,69,940/- wherein an amount of Rs.2,51,080/- was added as unvouched expenditure. 2.1 Subsequently, information was received from the Investigation Wing, Hyderabad wherein it has been mentioned that during the financial year 2007-08 relevant to A.Y 2008-09, the assessee has shown purchases ... decisions cited before us by both sides. We find the AO in the instant case, on the basis of the information received form the Investigation Wing, Hyderabad that the assessee during financial year 2007-08 relevant to A.Y 2008-09 has purchased Diamonds worth Rs.25,63,834/- from 3 entities

Ram Gopal, Hyderabad vs. ITO Ward-8(2), Hyderabad

In the result, appeal filed by the assessee is partly allowed

ITA 514/HYD/2022[2009-10]Status: DisposedITAT Hyderabad14 Mar 2023AY 2009-10

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: C.A MrudulathaFor Respondent: Shri KPRR Murthy, DR
Section 131Section 143(2)Section 143(3)Section 147Section 148

assessee at Rs.50,69,940/- wherein an amount of Rs.2,51,080/- was added as unvouched expenditure. 2.1 Subsequently, information was received from the Investigation Wing, Hyderabad wherein it has been mentioned that during the financial year 2007-08 relevant to A.Y 2008-09, the assessee has shown purchases ... decisions cited before us by both sides. We find the AO in the instant case, on the basis of the information received form the Investigation Wing, Hyderabad that the assessee during financial year 2007-08 relevant to A.Y 2008-09 has purchased Diamonds worth Rs.25,63,834/- from 3 entities

ACIT Central Circle- 2(3), Hyderabad vs. Dcs Limited, Hyderabad

In the result, appeal filed by the Revenue is dismissed

ITA 445/HYD/2021[2017-18]Status: DisposedITAT Hyderabad14 Mar 2023AY 2017-18

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2017-18 Asstt. C. I. T. Vs. Dcs Limited Central Circle 2(4) Hyderabad Hyderabad Pan:Aaacd7127J (Appellant) (Respondent) Assessee By: Advocate Mohd Afzal Revenue By: Shri Kprr Murthy,Dr Date Of Hearing: 06/03/2023 Date Of Pronouncement: 14/03/2023 Order Per R.K. Panda, A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 22.07.2021 Of The Learned Cit (A)-12, Hyderabad, Relating To A.Y.2017-18. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Civil & Mining Contract. It Filed Its Return Of Income U/S 139(1) Of The Income Tax Act On 27.10.2017 Declaring Total Income Of Rs.3,92,02,560/-. The Case Was Selected For Scrutiny Under Cass & Statutory Notices U/S 143(2) & 142(1) Were Issued & Served On The Assessee To Which The A.R Of The Assessee Appeared Before The Assessing Officer From Time To Time & Filed The Requisite Details. Page 1 Of 13

For Appellant: Advocate Mohd AfzalFor Respondent: Shri KPRR Murthy,DR
Section 132Section 133ASection 139(1)Section 143(2)

evidence or document in respect of suppression of income or discrepancy found at the time of survey operation and subsequently before the Investigation Wing. The assessee also submitted that he has filed an affidavit confirming that he has not suppressed any income and bills in the sub- contract work from ... suppression of any income by the assessee company. No discrepancy was also found at the time of survey operation. Even subsequently before the Investigation Wing also no documentary evidence in respect of suppression of income by the assessee company was found. Relying on various decisions, it was argued that

DCIT, Central Circle-2(4), Hyderabad vs. Laxmi Gardens, Hyderabad

In the result, the appeal of Revenue is dismissed

ITA 833/HYD/2017[2006-07]Status: DisposedITAT Hyderabad14 Mar 2023AY 2006-07

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

For Appellant: Sri A. SrinivasFor Respondent: Sri K.E Sunil Babu
Section 132Section 153CSection 45Section 45(4)

developer as per the development agreement and they need to file the return of income and pay the taxes. Accordingly, before the Investigation Wing he has furnished an affidavit with a computation of Capital Gains in the hands of M/s Laxmi Gardens on transfer of property. Along with affidavit

DCIT Circle-3, Mirzapur vs. Shri Neeraj Agrawal, Mirzapur

ITA 138/ALLD/2017[2012-13]Status: DisposedITAT Allahabad14 Mar 2023AY 2012-13

Bench: Shrivijay Pal Rao & Shri Ramit Kochar

For Appellant: Shri. Divyanshu Agrawal, Adv.,Shri RajeevFor Respondent: Shri. A.K. Singh Sr.D.R
Section 143(3)

from other sources. Assessment Year: 2012-2013 Mr. Neeraj Agrwal, Mirzapur, U.P. 4a. In this case, the survey under section 133A was conducted by Investigation Wing of the Department, Allahabad on 24th February, 2012 at the business premises of the assessee at Sudiya, Varanasi and at Basnahi Bazar, Mirzapur, simultaneously ... details of the stock kept by him either in the audit report or in the Form 3CD, the survey action was conducted by the Investigation Wing of the Department and when the assessee was caught on wrong footing, unsubstantiated explanation has been offered by the assessee during the course

Neeraj Agrawal, Mirzapur vs. DCIT, Mirzapur

ITA 100/ALLD/2017[2012-2013]Status: DisposedITAT Allahabad14 Mar 2023AY 2012-2013

Bench: Shrivijay Pal Rao & Shri Ramit Kochar

For Appellant: Shri. Divyanshu Agrawal, Adv.,Shri RajeevFor Respondent: Shri. A.K. Singh Sr.D.R
Section 143(3)

from other sources. Assessment Year: 2012-2013 Mr. Neeraj Agrwal, Mirzapur, U.P. 4a. In this case, the survey under section 133A was conducted by Investigation Wing of the Department, Allahabad on 24th February, 2012 at the business premises of the assessee at Sudiya, Varanasi and at Basnahi Bazar, Mirzapur, simultaneously ... details of the stock kept by him either in the audit report or in the Form 3CD, the survey action was conducted by the Investigation Wing of the Department and when the assessee was caught on wrong footing, unsubstantiated explanation has been offered by the assessee during the course

ITO, Ward- 4(1), New Delhi vs. Baba Alloys Pvt. Ltd., New Delhi

ITA 29/DEL/2018[2012-13]Status: DisposedITAT Delhi14 Mar 2023AY 2012-13

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

For Appellant: Sh. P. C. Yadav, AdvFor Respondent: Sh. Kanv Bali, Sr. DR
Section 131Section 133(6)Section 68

case of M/s. Nova Promoters and Finlease Pvt. Ltd. 18 Taxman.com 217, the Assessing Officer was in receipt of information from the Investigation Wing that the assessee had obtained accommodation entries in the garb of share application money, which is not the case in the instant appeal. Hence the judgments

Agroha Capital Services Ltd, Delhi vs. ITO, War4D-1(4), New Delhi

In the result, the appeal filed by the assessee is partly allowed

ITA 1143/DEL/2018[2009-10]Status: DisposedITAT Delhi14 Mar 2023AY 2009-10

Bench: Shri C.M. Gargassessment Year: 2009-10 Agroha Capital Services Ltd., Vs. Ito, C/O Raj Kumar & Associates, Cas, Ward-1(4), L-7A (Lgf), South Extn. Part Ii, New Delhi New Delhi. Pan: Aaaca9515B (Appellant) (Respondent) Assessee By : Shri Raj Kumar, Ca & Shri Suraj Gupta, Advocate Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 20.12.2022 Date Of Pronouncement : 14.03.2023 Order This Appeal Filed By The Assessee Is Directed Against The Order Of The Cit(A)-1, New Delhi, Dated 11.01.2018, For Assessment Year 2009-10. 2. The Ld. Assessee’S Representative (Ar) Submitted That The Assessee Does Not Want To Press Grounds No.1 & 2, Hence, The Same Are Dismissed As ‘Not Pressed.’

For Appellant: Shri Raj Kumar, CA &For Respondent: Shri Om Prakash, Sr. DR
Section 133(1)Section 133(6)Section 153Section 68

share after including share premium of Rs.90/- per share. The ld. AR submitted that the AO disbelieved the transaction on the ground of Investigation Wing Report on search of Shri S.K. Jain/Shri V.K. Jain on the basis of some diary found and statement of Shri S.K. Jain recorded ... Investigation Wing. The ld. AR submitted that the assessee submitted the following documents to show the genuineness of transaction:- • Bank statement of the assessee (showing receipt of amounts) • Bank statement of Virgin. • Confirmed copy of a/c. of assessee in the books of Virgin. • ITR acknowledgement of Virgin

Dy CIT CC-7(1), Mumbai vs. M/S. PAN India Network Ltd., Mumbai

In the result, appeal filed by the revenue is partly allowed

ITA 1717/MUM/2020[2006-07]Status: DisposedITAT Mumbai13 Mar 2023AY 2006-07

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Section 133ASection 143(3)Section 148

Odeon Builders (P.) Ltd (110 taxmann.com 64) wherein it is held that disallowance based on third party information gathered by the Investigation Wing of the Department which have not been independently subjected to further verification by the AO who has not provided the copy of such statements to the appellant

DCIT-CC-7(1), Mumbai vs. M/S.PAN India Network Ltd., Mumbai

In the result, appeal filed by the revenue is partly allowed

ITA 1716/MUM/2020[2007-08]Status: DisposedITAT Mumbai13 Mar 2023AY 2007-08

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Section 133ASection 143(3)Section 148

Odeon Builders (P.) Ltd (110 taxmann.com 64) wherein it is held that disallowance based on third party information gathered by the Investigation Wing of the Department which have not been independently subjected to further verification by the AO who has not provided the copy of such statements to the appellant

Parvinder Singh, Ghaziabad vs. ITO Ward - 2(1), Ghaziabad

In the result, the appeal filed by the assessee is allowed

ITA 8153/DEL/2019[2009-10]Status: DisposedITAT Delhi13 Mar 2023AY 2009-10
For Appellant: Shri Rohit Tiwari, AdvocateFor Respondent: Shri Om Prakash, Sr. DR
Section 148

case PCIT vs. RMG Polyvinyl (I) Ltd., 396 ITR 5 (Del), the ld. Counsel submitted that where the information was received from Investigation Wing that the assessee was beneficiary of accommodation entries, but, no further inquiry was undertaken by the AO, the said information could not have been said ... Assessee for reopening the assessment: 11. Reasons for the belief Information has been received from the that Information has income has escaped Investigation Wing of been received from the the Income-tax assessment. Department income has escaped that M/s Pine View Construction & Traders Investigation Wing