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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

DCIT 5(3)(1), Mumbai vs. M/S Serco Bpo Pvt. Ltd., Mumbai

In the result, the appeal filed by the revenue is dismissed and the CO filed by the assessee is dismissed as infructuous

ITA 2354/MUM/2022[2009-10]Status: DisposedITAT Mumbai27 Feb 2023AY 2009-10

Bench: Shri Om Prakash Kant & Shir Pavan Kumar Gadaledcit – 5(3)(1) Vs. M/S Serco Bpo Pvt Room No. 573, Ltd.(As Successor Of Aayakar Bhavan, Intelnet Global Service Mumbai – 400 020. Pvtltd),Teleperformance Tower, Plot Cst No. 1406-A/28, Mindspace, Goregaon (W), Mumbai -400104. Pan/Gir No. : Aabcv2572L Appellant .. Respondent Co No. 136/Mum/2022 [Arising Out Of 2354/Mum/2022] (A.Y: 2009-10) Teleperformance Global Vs. Dcit – 5(3)(1) Service Pvt Ltd(Earlier Room No. 573, Serco Bpo Pvt Ltd), Aayakar Bhavan, Teleperformance Tower, Mumbai – 400020. Plot Cst No. 1406-A/28, Mindspace, Goregaon(W) Mumbai- 400104. Pan/Gir No. : Aabcv2572L Appellant .. Respondent

Section 115JSection 143(1)Section 143(2)Section 143(3)Section 148Section 68

Mumbai. reopening of the assesseement are disposed off by the revenue authorities.. 3. Whereas,the A.O. has received the information from investigation wing that the share premium of Rs. 32,21,48,67,940/- has been received by the assessee in the previous year and the same has been ... seen that during F.Y.2008-09 relevant to A.Y.2009-10 assessee has shown receipt of share premium amounting Nil. Whereas information has been received from investigation wing that share premium was Rs.32,21,48,67,940/-. It has been found the that although the assessee has been objecting that the said amount

Minkal K. Doshi, Mumbai vs. ITO - 18(2)(2), Mumbai

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

ITA 1093/MUM/2020[2015-16]Status: DisposedITAT Mumbai24 Feb 2023AY 2015-16

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1093/Mum/2020 (निर्धारण वर्ा / Assessment Years: 2015-16) Minkal K. Doshi बिधम/ Ito-18(2)(2) Room No. 11/B, 5Th Floor, 3Rd Floor, Earnest House, Vs. Pallanji House, 35, New Nariman Point, Mumbai- Charni Road, Khetwadi, 400021. Mumbai-400004. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aiopd7813N (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri B. N. Rao Revenue By: Shri Nayana K. Kumar सुनवाई की तारीख / Date Of Hearing: 29/11/2022 घोषणा की तारीख /Date Of Pronouncement: 24/02/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-29, Mumbai Dated 25.03.2019 For The Assessment Year 2015-16. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) In Upholding The Addition Of Rs.24,66,000/- Made By The Ao In Respect Of Long Term Capital Gain (Ltcg) Claimed Of Rs.20,64,793/- Being Profit On Sale Of Rs.36,000/- Shares Of M/S. Greencrest (Earlier Known As M/S. Marigold Glass Industries Ltd.) & Claimed It As An Exempt Income U/S 10(38) Of The Income Tax Act, 1961 (Hereinafter “The Act”). 3. Brief Facts Are That The Ao Noted That The Assessee Had Filed On 25.09.2015 Return Of Income Declaring Total Income Of Rs.7,01,450/-. The Return Filed Has Been Processed U/S 143(1) Of The Act. Thereafter

For Appellant: Shri B. N. RaoFor Respondent: Shri Nayana K. Kumar
Section 10(38)Section 143(1)

sold 3 A.Y. 2015-16 Minkal K Doshi it for Rs.26,08,353/-). However, the AO took note of the report of the investigation wing of Kolkata wherein it was stated that the scrip of M/s. Greencrest was a penny stock scrip which script code has been misused in connivance ... exit provider was providing accommodation entry to various beneficiary as Long Term Capital Gain/Short Term Capital Loss. In view of the findings of the Investigation wing, further verification was done. And since assessee had bought 1,50,000/- shares @ Rs.12/- per share in Sep, 2012 of a non-listed company

Shri. Pravin M Mehta (HUF), Mumbai vs. ITO Ward 15(1)(2), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 4870/MUM/2019[20006-07]Status: DisposedITAT Mumbai24 Feb 2023

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.4870/Mum/2019 (निर्धारण वर्ा / Assessment Years: 2006-07) Shri Pravin M. Mehta बिधम/ Ito, Ward-15(1)(2) 3Rd /4Th Floor, Pratishtha (Huf) Vs. Ground Floor, Shop No. 8, Bhawan, Maharshi Karve 198/200, Earth Sampann Road, Mumbai-400021. Chs, 10Th Khetwadi Lane, Maharashtra-400004. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaehm6552P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Smt. Nayana K. Kumar (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 28/11/2022 घोषणा की तारीख /Date Of Pronouncement: 24/02/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee (Huf) Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-6, Mumbai Dated 24.05.2019 Passed For Ay. 2006-07. 2. None Appeared For The Assessee. The Assessee Has Raised Three (3) Grounds Of Appeal Of The Assessee Which Are As Under: - “1. The Ld. Assessing Officer Has Erred In Treating Sales Of Shares As Unexplained Investment Of Rs.8,41,867/- & Added To The Total Income. 2. The Ld. Assessing Officer Has Erred In Adding Rs.42,093/- As Income From Other Sources As Amount Paid For Commission. 3. The Ld. Assessing Officer Has Erred In Treating Rs.15,000 Shown In Balance-Sheet Loan/Creditor As Unexplained Cash Credit & Added To The Total Income.”

For Appellant: NoneFor Respondent: Smt. Nayana K. Kumar (Sr. AR)
Section 147

Income Tax Act, 1961 (hereinafter “the Act”). And according to the AO, the statement of Shri Mukesh Chokshi was recorded by the investigation wing on 11.12.2009 wherein he has explained the modus operandi of providing entry operation by which beneficiaries availed his service through the thirty (30) odd companies/concerns controlled