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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

Ganesh Chhganlal Jain, Mumbai vs. CIT (A), NFAC, Delhi

In the result, the appeal filed by the assessee is allowed for In the result, the appeal filed by the assessee is allowed for In the result, the appeal filed by the assessee is allowed for statisti...

ITA 2101/MUM/2022[2012-13]Status: DisposedITAT Mumbai18 Oct 2022AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2012-13 Ganesh Chhganlal Jain, Cit (A) Nfac, Plot No. 899 Jassawala Wadi, Delhi. Juhu Tara Road, Juju, Vs. Andheri West, Mumbai-400049. Pan No. Aanpj 1550 D Appellant Respondent Assessee By : Mr. Pramod Kumar Parida, Ar Revenue By : Mr. Sanyam Suresh Joshi, Dr Date Of Hearing : 12/10/2022 Date Of Pronouncement : 18/10/2022

For Appellant: Mr. Pramod Kumar Parida, ARFor Respondent: Mr. Sanyam Suresh Joshi, DR
Section 143(1)Section 148

inputs given by the Investigation opened the assessment based on inputs given by the Investigation opened the assessment based on inputs given by the Investigation Wing. Mumbai. Relevant extracts of AO's order for re Mumbai. Relevant extracts of AO's order for re Mumbai. Relevant extracts ... from the Directorate of Investigation, Mumbai. Various judicial forums have held that re Various judicial forums have held that re-opening opening based on Investigation Wing information without independent application of Investigation Wing information without independent application of Investigation Wing information without independent application of Ganesh C. Jain 6 mind

Smt. Paramadevi Tekriwal, Bhavnagar vs. The ITO, Ward-1(5), Bhavnagar

In the result, the appeal of the assessee is dismissed

ITA 1999/AHD/2018[2013-14]Status: DisposedITAT Ahmedabad17 Oct 2022AY 2013-14

Bench: Shri P.M. Jagtap, Vice- & Ms. Madhumita Royassessment Year : 2013-14 Smt. Paramadevi Tekriwal, The Income-Tax Officer, D-143, Kaliyabid, Bhavnagar Vs Ward 1(5), Pan : Addpt 3030 F Bhavnagar अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : None Revenue By : Shri Rakesh Jha, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 17/10/2022 घोषणा क" तार"ख /Date Of Pronouncement: 17/10/2022 आदेश/O R D E R Per P.M. Jagtap, Vice-: This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)-6, Ahmedabad (“Cit(A)” In Short) Dated 09.07.2018. 2. The Relevant Facts Of The Case Giving Rise To This Appeal Are That The Assessee Is An Individual Who Filed Her Return Of Income For The Year Under Consideration Originally On 16.03.2014. Although The Said Return Was Originally Accepted Under Section 143(1) Of The Income-Tax Act, 1961 (“The Act” In Short), The Assessment Was Subsequently Reopened By The Assessing Officer On The Basis Of Information Received From Investigation Wing Of The Income-Tax Department That The Long Term Capital Gains Of Rs.1,13,53,982/- Arising From The Sale Of Equity Shares Of Kgn Enterprise Ltd. For A Consideration Of Rs.1,13,87,902/- Claimed As Exempt In The Return Of Income Was Bogus & It Was Actually An Accommodation Entry. The Assessing Officer Accordingly Issued A Notice Under Section 148 Of The Act To Smt. Paramadevi Tekriwal Vs. Ito Ay : 2013-14 2

For Appellant: NoneFor Respondent: Shri Rakesh Jha, Sr. DR
Section 143(1)Section 148Section 68

Income-tax Act, 1961 (“the Act” in short), the assessment was subsequently reopened by the Assessing Officer on the basis of information received from Investigation Wing of the Income-tax Department that the Long Term Capital Gains of Rs.1,13,53,982/- arising from the sale of equity shares ... After taking into consideration the submission made by the assessee and the material available on record including the information received from the Investigation Wing of the Income-tax Department as well as the Smt. Paramadevi Tekriwal Vs. ITO AY : 2013-14 4 result of inquiries conducted by him, the Assessing

Income Tax Officer 33(1)(4), Mumbai vs. Dheeraj Babulal Shah, Mumbai

In the result, the appeals filed by the revenue are dismissed

ITA 4272/MUM/2018[2014-15]Status: DisposedITAT Mumbai14 Oct 2022AY 2014-15

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. Nos. 4272/Mum/2018 (निर्धारण वर्ा / Assessment Years: 2014-15) & आयकर अपील सं/ I.T.A. Nos. 4092/Mum/2019 (निर्धारण वर्ा / Assessment Years: 2015-16) बिधम/ Ito-33(1)(4) Dheeraj Babulal Shah Room No. 708, 7Th Floor, 23/A-12, Akash Chsl, Vs. Bldg. No. C-12, Jalawal Nagar, Ashok Nagar, Pratyakshakar Bhavan, Kandivali (E), Mumbai- Bandra Kurla Complex, 400101. Bandra (E), Mumbai- 400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Arwps1458D (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Smt. Mahita Nair (Sr. Ar) Assessee By: Shri Rajkumar Singh सुनवाई की तारीख / Date Of Hearing: 19/07/2022 घोषणा की तारीख /Date Of Pronouncement: 14/10/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Appeals Are Preferred By The Revenue Against The Orders Of The Ld. Cit(A)-45, Mumbai, Dated 29.03.2018 For A.Y.2014-15 & Dated 12.03.2019 For Ay. 2015-16 Respectively.

For Appellant: Shri Rajkumar SinghFor Respondent: Smt. Mahita Nair (Sr. AR)
Section 10(38)Section 131Section 133ASection 68

such huge gain by the assessee to be suspicious. Referring to the report prepared by the Kolkata Investigation Directorate, the AO noted that the Investigation Wing had enquired into the trades conducted in 84 (eighty-four) scrips which included M/s Essar India Ltd. and gave detailed findings indicating that bogus ... long term capital gain had been accommodated by large number of beneficiaries in these scrips. The AO discussed the modus operandi unearthed by the Investigation Wing at Paras 6.2 to 6.5 of his order. During the pendency of assessment, survey action u/s 133A of the Act was conducted upon