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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 Central Circle -28, New Delhi vs. Atul Kumar Gupta, New Delhi

In the result, Revenue’s appeals for AYs 2011-12 in the cases of

ITA 1931/DEL/2020[2011-12]Status: DisposedITAT Delhi17 Feb 2023AY 2011-12
For Appellant: Shri Ajay Wadhwa, AdvocateFor Respondent: Shri T. Kipgen, CIT DR
Section 132Section 69A

documents were found in the search proceedings without appreciating the fact that the scan copy of the incriminating information was clearly apprised by the investigation wing in the appraisal report. 3. Whether on facts and in the circumstances of the case, Ld. CIT(A) was legally justified in allowing relief

ACIT Central Circle-28, New Delhi vs. Rajiv Gupta, New Delhi

In the result, Revenue’s appeals for AYs 2011-12 in the cases of

ITA 1164/DEL/2020[2011-12]Status: DisposedITAT Delhi17 Feb 2023AY 2011-12
For Appellant: Shri Ajay Wadhwa, AdvocateFor Respondent: Shri T. Kipgen, CIT DR
Section 132Section 69A

documents were found in the search proceedings without appreciating the fact that the scan copy of the incriminating information was clearly apprised by the investigation wing in the appraisal report. 3. Whether on facts and in the circumstances of the case, Ld. CIT(A) was legally justified in allowing relief

ACIT, Circle-28(1), New Delhi vs. Anju Jain, New Delhi

The appeal of the Revenue is dismissed

ITA 7623/DEL/2018[2015-16]Status: DisposedITAT Delhi17 Feb 2023AY 2015-16

Bench: Shri Pradip Kumar Kedia & Shri Yogesh Kumar Us

For Appellant: Shri Kanv Bali, Sr.DRFor Respondent: Shri Suresh Kumar Gupta, CA
Section 10(38)Section 143(2)Section 68

assessment order. 5.2. It was further pointed out that the genuineness of transactions cannot be doubted merely because of a report of investigation wing which hinges on modus operandi and recording of statement of various unidentified promoters, brokers, associated persons, exit providers or intermediaries who are neither shown ... long term capital gain. The AO has also analyzed the details of exit entry providers. The AO has also discussed the findings of the Investigation Wing, Kolkata in his assessment order. It is mentioned by the AO that the share price of Effingo Textile & Trading Ltd. had astronomically gone

The Dy. Commissioner of Income-Tax, Amritsar vs. M/S. Kochar Overseas P.Ltd, Amritsar

ITA 627/ASR/2014[2010-11]Status: DisposedITAT Amritsar17 Feb 2023AY 2010-11

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

For Appellant: NoneFor Respondent: Ms. Kanchan Garg, Sr. DR
Section 133(6)Section 143(3)Section 250(6)Section 68

CITvs. Nova Promoters and Finlease Pvt. Ltd., 342ITR 169 (Delhi), theAO was having positive evidence at hand in the form of investigation wing report of direct admission by entery provider of share subscription money so introduced 6 1ITA No. 627 & CO No. 58/Asr/2014 Dy. CIT v. Kochar Overseas

Shri Sunil Kayan, Kolkata vs. A.C.I.T., Circle-36, Kolkata

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

ITA 1917/KOL/2019[2010-11]Status: DisposedITAT Kolkata16 Feb 2023AY 2010-11

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 147Section 148Section 250Section 69

During the course of assessment proceedings, ld. AO referred to an information received from Principal Director of income tax of the investigation wing Page 2 of 16 I.T.A. No.: 1917/KOL/2019 Assessment Year: 2010-11 Shri Sunil Kayan. dated 12.01.2017 and as per the detailed information large amount of cash ... that the assessee received Rs. 5.05 Cr from the alleged paper companies which were part of the cash trail which was discovered by the investigation wing to have started from depositing of cash in Shakambhari Tradex. When the assessee was confronted for the alleged receipt, it was stated that

Bhargab Engineering Works, Howrah vs. A.C.I.T., Circle-46, Kolkata

In the result, appeal of the assessee is partly allowed

ITA 1714/KOL/2019[2012-13]Status: DisposedITAT Kolkata16 Feb 2023AY 2012-13

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 1714/Kol/2019 Assessment Year: 2012-13 Bhargab Engineering Works A.C.I.T., Circle - 46, Kolkata P-292, Benaras Road Vs Belgachia, P.O.: Netajigarh Howrah - 711108 [Pan : Aaifb2118G] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Miraj D. Shah, A.R. Revenue By : Smt. Ranu Biswas, Addl. Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 28/11/2022 घोषणा क" तारीख /Date Of Pronouncement: 16/02/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - 14, Kolkata, (Hereinafter The “Ld. Cit(A)”) Dt. 07/05/2019, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2012-13. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. For That The Impugned Order Of Reassessment Is Bad In Law. 2. For That The Reassessment Proceedings Are Bad In Law Inasmuch As The A.O. Had Wrongly Assumed Jurisdiction To Assess The Case. 3. For That In The Facts & Circumstances Of The Case, The Ld. Cit(A) Was Not Justified In Law In Sustaining Addition To The Tune Of 17.38% Of Alleged Disputed Purchase By Applying Average Gross Profit Ratio In The Appellant'S Case & In Any Event, The Addition Sustained By The Ld. Cit(A), Is Liable To Be Deleted In This Forum. 4. For That In The Facts & Circumstances Of The Case, The Ld. Cit(A) Was Not Justified In Law In Sustaining Addition To The Tune Of 1% Of Alleged Disputed Purchase As Commission In The Appellant'S Case & In Any Event, The Addition Sustained By The Ld. Cit(A), Is Liable To Be Deleted In This Forum. 5. For That When The Appellate Authorities Below Have Taken Note Of The Fact That No Sale Could Be Effected By The Assesse Without Purchase & Whereas In Your

For Appellant: Shri Miraj D. Shah, A.RFor Respondent: Smt. Ranu Biswas, Addl. CIT, D/R
Section 131Section 133(6)Section 250

concerned, we fail to find any merit in this ground, since the ld. Assessing Officer had specific information from the Directorate of Income Tax (Investigation Wing), about the search proceedings carried out in the case of Shri Sanjiw Kumar Singh, where the Department found that he was involved in providing

DCIT, CC - 7(3), Mumbai vs. Shri Khimji Karamshi Patel, Mumbai

Accordingly, the ground nos. 1 to 3 of the revenue are dismissed

ITA 3039/MUM/2019[2008-09]Status: DisposedITAT Mumbai16 Feb 2023AY 2008-09

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

For Appellant: Shri. Rushabh Mehta, CAFor Respondent: Smt. Madhumalti Ghosh, CIT DR
Section 131Section 143(1)Section 143(2)Section 143(3)Section 148Section 57Section 68

generation of any other kind of unaccounted income was found. No evidence of any cash transaction has been brought out either by the Investigation wing or by the Assessing Officer. As the assessee proved the trail of money which is through banking transactions, the onus shifts to the Assessing Officer

Blue Circle Organics Private Limited, Mumbai vs. Asstt. Commissioner of Incometax, Circle-2(1)(1), Mumbai

In the result on the issue of reopening of the assessment as well as the addition on the merit deserves to be decided in favour of the assessee

ITA 2113/MUM/2022[2012-13]Status: DisposedITAT Mumbai15 Feb 2023AY 2012-13

Bench: Shri Prashant Maharishi, Am & Ms Kavitha Rajagopal, Jm Blue Circle Organics Private Ltd Acit Circle-2(1)(1) 34, 1St Floor, Empire Building, 561, 5 Th Floor, Aayakar Bhavan, Vs. 146, D.N.Road, Fort M.K.Road, Mumbai400 020 Mumbai-400 001 (Appellant) (Respondent) Pan No. Aaccb4918M

For Appellant: Shri. Haresh P. Shah, ARFor Respondent: Shri. Chetan M. Kacha, DR
Section 132(4)Section 133(6)Section 143(3)Section 147Section 148Section 68

learned Departmental Representative vehemently supported the order of the lower authorities. It was submitted that based on the information received from the investigation wing gave the information about the accommodation entry provider and based on this there was valid information for reopening of the assessment. It was further stated that ... reasons recorded does not show that the learned Assessing Officer has made any enquiry or verification based on the information received from investigation wing. The provisions of Section 148 of the Act clearly shows that if the information is received by the learned Assessing Officer, which is a tangible material

DCIT 7(3), Mumbai vs. Shri. Khimji Karamshi Patel, Mumbai

Accordingly, the ground nos. 1 to 3 of the revenue are dismissed

ITA 4038/MUM/2019[2014-15]Status: DisposedITAT Mumbai15 Feb 2023AY 2014-15

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

For Appellant: Shri. Rushabh Mehta, CAFor Respondent: Smt. Madhumalti Ghosh, CIT DR
Section 131Section 143(1)Section 143(2)Section 143(3)Section 148Section 57Section 68

generation of any other kind of unaccounted income was found. No evidence of any cash transaction has been brought out either by the Investigation wing or by the Assessing Officer. As the assessee proved the trail of money which is through banking transactions, the onus shifts to the Assessing Officer

DCIT, CC - 7(3), Mumbai vs. Shri Khimji Karamshi Patel, Mumbai

Accordingly, the ground nos. 1 to 3 of the revenue are dismissed

ITA 3117/MUM/2019[2011-12]Status: DisposedITAT Mumbai15 Feb 2023AY 2011-12

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

For Appellant: Shri. Rushabh Mehta, CAFor Respondent: Smt. Madhumalti Ghosh, CIT DR
Section 131Section 143(1)Section 143(2)Section 143(3)Section 148Section 57Section 68

generation of any other kind of unaccounted income was found. No evidence of any cash transaction has been brought out either by the Investigation wing or by the Assessing Officer. As the assessee proved the trail of money which is through banking transactions, the onus shifts to the Assessing Officer

Mohit Mittal, New Delhi vs. ITO Ward - 16(1), New Delhi

In the result, the appeal is dismissed

ITA 5353/DEL/2019[2014-15]Status: DisposedITAT Delhi13 Feb 2023AY 2014-15

Bench: Shri Saktijit Deyassessment Year: 2014-15 Sh. Mohit Mittal, Vs. Ito, 30, Tarun Enclave, Ward-16(1), Pitampura, New Delhi New Delhi Pan :Aiwpm9299F (Appellant) (Respondent)

Section 68Section 69C

Assessee’s case was selected for scrutiny to examine suspicious long term capital gain on sale of shares. Based on information received from the Investigation Wing of the department the Assessing Officer found that the assessee is a beneficiary of accommodation entries by way of long term capital gain through ... perused the materials on record. Facts and materials on record reveal that the Assessing Officer was in possession of material/information received from the Investigation Wing of the department indicating that the long term capital gain shown by the assessee from sale of shares

Hazari Lal Kesari Chand, New Delhi vs. ACIT, Circle-48(1), New Delhi

In the result, the appeal of the assessee is dismissed

ITA 8561/DEL/2019[2007-08]Status: DisposedITAT Delhi10 Feb 2023AY 2007-08

Bench: Shri Anil Chaturvedi & Shri Yogesh Kumar U.S

For Appellant: N O N EFor Respondent: Shri
Section 132Section 133(6)Section 143(1)Section 148

case that Ld. AO has assumed jurisdiction for reopening of assessment and recording of reasons simply based on the information received from investigation wing and without his independent application of mind and without making proper enquiry before assuming jurisdiction. (b) The reasons recorded for reopening of assessment has been solely ... basis of vague information received from the Investigation Wing i.e. nature of entry whether sales/ unsecured loans. The ld. CIT(A) while passing the order, has grossly erred in ignoring this fact, as well the fact that the AO has acted mechanically & blindly on the report of the Investigation Wing

Mrs. Dixaben Jayeshbhai Patel, Vapi vs. ITO, Ward-2, Vapi

In the result, both appeals filed by the assessee are partly allowed in above terms

ITA 229/SRT/2020[2012-13]Status: DisposedITAT Surat10 Feb 2023AY 2012-13

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.228 & 229/Srt/2020 Assessment Years: (2011-12 & 2012-13) (Physical Court Hearing) Dixaben Jayeshbhai Patel, Vs. The Ito, Ward-2, Plot No.42, Krishna Colony, Vapi. Muktanand Marg, Chala, Vapi, Gujarat – 396191. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ahspp3273F (Revenue)/(Appellant) (Assessee)/(Respondent) Assessee By Shri Sapnesh Sheth, Ca Respondent By Shri Vinod Kumar, Sr. Dr Date Of Hearing 02/02/2023 10/02/2023 Date Of Pronouncement

Section 143(3)Section 44A

audit report along with the return of income. The facts of the issue are that, a piece of information was in possession of the Investigation Wing regarding the bank account transactions of the assessee. Following were the main reasons to raise suspicion in this case: Current A/c. No.04841100065 ... Rs.9.75 crores. Therefore, we are reporting the transactions in the aforesaid two accounts as STR". 5. During the course of proceedings before the Investigation Wing, it was stated by the assessee that she had closed down the business activities on 31.03.2012 in the name of M/s. Honest. That

Mrs. Daxaben Jayeshbhaipatel, Vapi vs. ITO, Ward-2, Vapi

In the result, both appeals filed by the assessee are partly allowed in above terms

ITA 228/SRT/2020[2011-12]Status: DisposedITAT Surat10 Feb 2023AY 2011-12

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.228 & 229/Srt/2020 Assessment Years: (2011-12 & 2012-13) (Physical Court Hearing) Dixaben Jayeshbhai Patel, Vs. The Ito, Ward-2, Plot No.42, Krishna Colony, Vapi. Muktanand Marg, Chala, Vapi, Gujarat – 396191. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ahspp3273F (Revenue)/(Appellant) (Assessee)/(Respondent) Assessee By Shri Sapnesh Sheth, Ca Respondent By Shri Vinod Kumar, Sr. Dr Date Of Hearing 02/02/2023 10/02/2023 Date Of Pronouncement

Section 143(3)Section 44A

audit report along with the return of income. The facts of the issue are that, a piece of information was in possession of the Investigation Wing regarding the bank account transactions of the assessee. Following were the main reasons to raise suspicion in this case: Current A/c. No.04841100065 ... Rs.9.75 crores. Therefore, we are reporting the transactions in the aforesaid two accounts as STR". 5. During the course of proceedings before the Investigation Wing, it was stated by the assessee that she had closed down the business activities on 31.03.2012 in the name of M/s. Honest. That

Commissioner of Income Tax (Exemptions) vs. M/S. Roland Educational and Charitable Trust

ITA/25/2022HC Orissa09 Feb 2023

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN

Inturi Praveen Reddy, Hyderabad vs. Asst.Commissioner of It Central Circle-1(2) Hyd, Basherbagh

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

ITA 576/HYD/2022[2019-2020]Status: DisposedITAT Hyderabad09 Feb 2023AY 2019-2020

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

For Appellant: Shri A.V. RaghuramFor Respondent: Shri Jeevan Lal Lavidia
Section 139(1)Section 142(1)Section 143(2)Section 143(3)

assessee, a cash of Rs. 7,19,300/- was found out of which an amount of Rs. 4,00,000/- was seized by the Investigation Wing. Being the year of Search, the return was selected for scrutiny and notice u/s 143(2) of the I.T. Act was issued on 29/01/2020

M/S Cicago Commodities Private Limited, Kolkata vs. D.C.I.T., Circle-1(1), Kolkata

In the result, appeal of the assessee is dismissed

ITA 1817/KOL/2019[2014-15]Status: DisposedITAT Kolkata09 Feb 2023AY 2014-15

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2014-15

For Appellant: Shri B. Bhushan, ARFor Respondent: Shri Vijay Kumar, Addl. CIT, Sr. DR
Section 143(3)Section 14A

justified in treating the sum of Rs.2,36,94,753/- as bogus loss believing on report of investigation conducted by Investigation Wing, Kolkata Via EFS module of ITD which find out that these are penny stock. As regards sale of demated 2 M/s. CICAGO Commodities ... Global Securities turbotech and Dhenubuildcon should not be treated bogus and added back to the income. Mere on the basis of investigation done by Investigation Wing, Kolkata cannot be relied that assessee has claims the bogus loss. 2. The Ld. CIT(A) is not correct in disallowing investment

Binod Kumar Yadav, Kolkata vs. I.T.O., Ward-45(4), Kolkata

In the result, the appeal of the assessee is dismissed

ITA 1716/KOL/2019[2007-08]Status: DisposedITAT Kolkata09 Feb 2023AY 2007-08

Bench: Dr. Manish Borad & Shri Sonjoy Sarma] I.T.A. No. 1716/Kol/2019 Assessment Year : 2007-08 Binod Kumar Yadav Vs Ito, Ward-45(4), Kolkata Pan: Abhpy 6956 F Appellant Respondent Date Of Hearing 15.11.2022 Date Of Pronouncement 09.02.2023 For The Assessee Shri Sunil Surana, Fca For The Revenue Smt. Ranu Biswas, Addl. Cit

Section 143(2)Section 147Section 148

entire file was send to the concerned authority along with letter of ITO Burdwan dated 06-03-2012 which was supported by letters of investigation wing from where it was clear that the reasons recorded by the AO was based on concrete material which was received from FIU and then ... inquired by investigation wing. As a matter of fact no return was filled by the appellant for the year where as transaction reported from single party was of Rs.40,59,435/- which itself is sufficient to accord sanction for reopening of the case. Therefore the grounds of the assessee that

Income Tax Officer, Ward-`1(5), Guwahati vs. M/S. A.S. Apartment (P) Ltd, Guwahati

In the result, both the appeals of the Revenue stand dismissed

ITA 66/GTY/2020[2014-15]Status: DisposedITAT Guwahati09 Feb 2023AY 2014-15

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.65 & 66/Gty/2020 Assessment Years: 2013-14 & 2014-15 Ito, Ward-1(5) , Guwahati…………..............................………...…..…Appellant Vs. M/S A. S. Apartment Pvt. Ltd …. ...….......................................…..…..Respondent Chand Thapa, Hastinapur, Amerigog, G S Road, Saket, Jorabat, Near Montfort School, Assam – 781023. [Pan: Aafca9087K] Appearances By: Shri Ashwani Kumar, Fca Appeared On Behalf Of The Appellant. Shri Amit Kumar Pandey, Jcit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 10, 2022 Date Of Pronouncing The Order : February 09, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Two Appeals Have Been Preferred By The Revenue Against The Separate Orders Both Dated 22.10.2019 Of The Commissioner Of Income Tax (Appeals)-2, Guwahati [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since, Identical Facts Are Involved In Both The Appeals Hence The Same Have Heard Together & Are Being Disposed Of By This Common Order.

Section 147Section 148Section 250Section 68Section 69C

that income had escaped assessment in the case of the Appellant was not his own but was completely that of the Investigation Wing that income had escaped assessment in the case of the Appellant. In other words, the satisfaction arrived at by the AO that income had escaped assessment ... case of the Appellant was borrowed from the Investigation Wing. Any notice issued under Section 148 of the Act on the basis of borrowed satisfaction is bad in law and, consequentially, the ensuing proceedings are bad in law.” 5. The ld. counsel has submitted that the Revenue has not raised

Income Tax Officer, Ward-`1(5), Guwahati vs. M/S. A.S. Apartment (P) Ltd, Guwahati

In the result, both the appeals of the Revenue stand dismissed

ITA 65/GTY/2020[2013-14]Status: DisposedITAT Guwahati09 Feb 2023AY 2013-14

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.65 & 66/Gty/2020 Assessment Years: 2013-14 & 2014-15 Ito, Ward-1(5) , Guwahati…………..............................………...…..…Appellant Vs. M/S A. S. Apartment Pvt. Ltd …. ...….......................................…..…..Respondent Chand Thapa, Hastinapur, Amerigog, G S Road, Saket, Jorabat, Near Montfort School, Assam – 781023. [Pan: Aafca9087K] Appearances By: Shri Ashwani Kumar, Fca Appeared On Behalf Of The Appellant. Shri Amit Kumar Pandey, Jcit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 10, 2022 Date Of Pronouncing The Order : February 09, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Two Appeals Have Been Preferred By The Revenue Against The Separate Orders Both Dated 22.10.2019 Of The Commissioner Of Income Tax (Appeals)-2, Guwahati [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since, Identical Facts Are Involved In Both The Appeals Hence The Same Have Heard Together & Are Being Disposed Of By This Common Order.

Section 147Section 148Section 250Section 68Section 69C

that income had escaped assessment in the case of the Appellant was not his own but was completely that of the Investigation Wing that income had escaped assessment in the case of the Appellant. In other words, the satisfaction arrived at by the AO that income had escaped assessment ... case of the Appellant was borrowed from the Investigation Wing. Any notice issued under Section 148 of the Act on the basis of borrowed satisfaction is bad in law and, consequentially, the ensuing proceedings are bad in law.” 5. The ld. counsel has submitted that the Revenue has not raised