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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

Frisco Global Pvt Ltd, New Delhi vs. ACIT Circle-9(2), New Delhi

In the result, assessee’s appeal is dismissed

ITA 296/DEL/2020[2011-12]Status: DisposedITAT Delhi19 Jul 2022AY 2011-12

Bench: Shri Shamim Yahya & Shri Yogesh Kumar Usआ.अ.संसंसंसं/.I.T.A No.296/Del/2020 िनधा"रणवष" िनधा"रणवष"/Assessment Year: 2011-12 िनधा"रणवष" िनधा"रणवष" बनाम बनाम बनाम बनाम Frisco Global Pvt. Ltd. Acit H.No. 27, 2Nd Floor, Circle 9(2), Vs. Najafgarh Road, Block-7, C.R. Building, Kirti Nagar, Industrial Area, New Delhi. New Delhi. Pan No. Aaacf6586D अपीलाथ" अपीलाथ" Appellant अपीलाथ" अपीलाथ" ""यथ" ""यथ"/Respondent ""यथ" ""यथ" िनधा"रतीक"ओरसे /Assessee By None राज"वक"ओरसे /Revenue By Shri S.L. Anuragi, Sr. Dr सुनवाईक"तारीख/ Date Of Hearing: 13.07.2022 उ"ोषणाक"तारीख/Pronouncement 19.07.2022 On आदेश आदेश /O R D E R आदेश आदेश Per Shamim Yahya, A.M. This Is An Appeal By The Assessee Against The Order Of The Ld. Cit (Appeals)-34, New Delhi Dated 27.08.2019 & Pertains To Ay 2011-12. Various Grounds Have Been Raised In This Appeal. The Issues Arising Are As Under: - 1. Challenge To Ld.Cit(A) Ex-Parte Order; 2. Challenge To Validity Of Reopening; 3. Addition U/S 69C For Rs.1,97,00,000/-; 1

Section 143(3)Section 148Section 68Section 69C

assessee was initiated and notice u/s 148 was issued on 30.03.2018. The reassessment proceedings were initiated on the basis of the information received from investigation wing in respect of suspicious bank transaction of the assessee company with M/s New Asia Trading Pvt. Ltd. which was having a current account ... loss of Rs.49,97,474/- and the assessment was completed on 01.03.2014 at an income of Rs.6,76,710/-. The information received from the Investigation Wing has been considered. As per the information M/s New Asia Trading Pvt. Ltd. has declared its business in fabrics. On the other hand

Dy. Commissioner of Income Tax, Central Cir.-2, Surat vs. Shri Rameshbhai Raghavbhai Bhadani, Surat

In the result, summarized and concise ground No

ITA 45/SRT/2021[2014-15]Status: DisposedITAT Surat15 Jul 2022AY 2014-15

Bench: Shri Pawan Singh, Jm & Dr. A.L. Saini, Am आयकरअपीलसं./It(Ss)A Nos.25 &31/Srt/2021 ("नधा"रणवष" / Assessment Year: (2013-14) (Virtual Court Hearing) Deputy Commissioner Of Rameshbhai Raghavbhai Bhadani, Prop. Of M/S Rangeela Fashion, 14, Income-Tax, Central Circle-2, Room No. 505, 5Th Floor, Nirman Industrial Estate, A.K. Road, Fulpada, Surat Aaykar Bhawan, Majura Gate, Vs. Surat-395001. Deputy Commissioner Of Income- Rameshbai Raghavhai Bhadani Plot No.14-16, Nirman Tax, Central Circle-2, Room No.505, 5Th Floor, Aaykar Bhawan, Majura Industrial Estate, A./K. Road, Surat-395008 Gate, Surat-395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Adkpb 0556 F (Assessee) (Respondent) आयकरअपीलसं./Ita Nos.45/Srt/2021 ("नधा"रणवष" / Assessment Year: (2014-15) Deputy Commissioner Of Shri Rameshbhai Raghavbhai Income-Tax, Circle-3, Room No. Bhadani, Prop. Of M/S Rangeela Vs. 505, 5Th Floor, Aaykar Bhawan, Fashion, 14, Nirman Industrial Majura Gate, Surat-395001. Estate, A.K. Road, Fulpada, Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Adkpb 0556 F (Assessee) (Respondent)

For Appellant: Shri Rasesh Shah, CAFor Respondent: Shri H. P. Meena, CIT(DR)
Section 132Section 143(3)

This is proved by the fact that, in the statement recorded u/s. 131 on 13.05.2014, the assessee explained the impugned papers before the DDIT (Investigation) Wing in reply to question no 26. The statement of the assessee was not considered while recording the satisfaction note. Further, these papers cannot ... this paper that the loan amount will be equally contributed by the partners. In the statement recorded u/s. 131 on 13.05.2014 by the DDIT, Investigation Wing, it was clearly mentioned in reply to question 26 that the amount of Rs. 15,05,00,000/- was invested by the assessee

DCIT, Circle-1(1)(1), Surat vs. Diva Diamonds Pvt. Ltd, Surat

In the result, appeal filed by the assessee in ITA No

ITA 128/SRT/2020[2014-15]Status: DisposedITAT Surat14 Jul 2022AY 2014-15

Bench: Shripawan Singh, Jm &Dr. A.L.Saini, Am आयकर अपीलसं./Ita No.128/Srt/2020 ("नधा"रणवष" / Assessment Years: (2014-15) (Virtual Court Hearing) Deputy Commissioner Of Diva Diamonds Pvt.Ltd., Income-Tax, Circle-1(1)(1), 302, Gokul Building, Vs. Mahidharpura, Pipla Sherry, 1St Room No.108, Floor, Surat-395007 Aayakar Bhavan, Majura Gate, Surat-395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadcd 1389 H (Appellant) (Respondent) Cross Objection No.13/Srt/2020 [Arising In Ita No.128/Srt/2020] ("नधा"रणवष" / Assessment Years: (2014-15) Diva Diamonds Pvt.Ltd., Deputy Commissioner Of 302, Gokul Building, Income-Tax, Circle-1(1)(1), Vs. Mahidharpura, Pipla Sherry, 1St Room No.108, Floor, Surat-395007 Aayakar Bhavan, Majura Gate, Surat-395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadcd 1389 H (Applicant) (Respondent) आयकर अपीलसं./Ita No.313/Srt/2019 ("नधा"रणवष" / Assessment Years: (2014-15) Diva Diamonds Pvt. Ltd., Principal Cit-1,Surat 1St 302, Gokul Building, Room No.123, Floor, Vs. Mahidharpura, Pipla Sherry, Aayakar Bhavan, Majura Surat-395007 Gate, Surat-395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadcd 1389 H (Appellant) (Respondent)

Section 143(2)Section 263

served on 31.03.2014. The case was reopened on the basis of information received from DGIT(Investigation) Mumbai. In the information received from Investigation Wing, Mumbai it was informed that a search and seizure action was carried out by Investigation wing-Mumbai on Bhanwarlal Jain Group on 03.10.2013, which resulted ... concluded that mere transaction routed through banking channel is not sufficient evidence. The AO by relying upon the report of Investigation Wing of Bhanwarlal Jain Group made addition of 100% of the purchases shown from all three entities. 7.Aggrieved by the 100% addition of impugned purchases in the assessment order