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“investigation wing”

ReassessmentSection 147Section 14712,584 judgments

The decision most relied on for investigation wing is Sarthak Securities Co. Pvt. Ltd. v. ITO (329 ITR 110), cited in 217 judgments on BharatTax.

Leading authorities on investigation wing

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.

PCIT v. M/s. Kesoram Industries 57
417 ITR 334 · 2019 · High Court
96
citing judgments

An assessment completed under Section 143(3) cannot be reopened after four years solely based on third-party information or opinions, such as from an Investigation Wing, without the Assessing Officer applying their own independent mind to the material and having new, independent material on record.

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.

Aradhna Estate Pvt. Ltd. v. DCIT
91 Taxmann.com 119 · 2018 · High Court
56
citing judgments

The Assessing Officer is justified in reopening assessment proceedings based on information received from the Investigation Wing, even when recording findings also rely on documents already on record, provided all procedural requirements for reassessment are met.

Judgments citing investigation wing

ACIT, Central Circle- 15, New Delhi vs. Enrich Agro Food Products Pvt. Ltd., New Delhi

In the result, the appeal filed by the Revenue is dismissed

ITA 7129/DEL/2018[2015-16]Status: DisposedITAT Delhi29 Apr 2022AY 2015-16

Bench: Shri R.K. Panda & Shri Anubhav Sharmaassessment Year: 2015-16 Acit, Vs Enrich Agro Food Products Pvt. Ltd., Central Circle-15, B-1643, Pocket 1, New Delhi. Vasant Kunj, New Delhi. Pan: Aaace0807C (Appellant) (Respondent) Assessee By : Shri V.K. Aggarwal, Ar & Ms Shweta Bansal, Ca Revenue By : Shri Vivek Vardhan, Sr. Dr Date Of Hearing : 26.04.2022 Date Of Pronouncement : 29.04.2022 Order Per R.K. Panda, Am: This Appeal Filed By The Revenue Is Directed Against The Order Dated 23Rd August, 2018 Of The Cit(A)-26, New Delhi, For Ay 2015-16. 2. Facts Of The Case, In Brief, Are That The Assessee Company Is One Of The Group Companies Of Kandhari Group & Is Engaged In The Business Of Preparation, Manufacturing, Packing & Sale Of Soft Drinks On The Basis Of Concentrate & Other Raw Material Procured From Coca Cola In The Capacity Of Bottler & Distributor Of Coca Cola Products In India. It Filed Its Return Of Income On 28.11.2015 Declaring The Total Income At Rs.14,81,76,850/-. A Search & Seizure Operation U/S 132 Of The It Act Was Carried Out On 28Th March, 2015 In The Case Of M.M Aggarwal Group Of Cases. The Case Of The Assessee Was Also Covered In The Search U/S 132(1) Of The It Act. During The Course Of Search Carried Out At Different Premises Of M.M. Aggarwal Group, Documents, Data Storage Devices, Etc. Belonging To The Assessee Were Found & Seized. 2.1. The A.O. During The Course Of Assessment Proceedings Noted That The Assessee Company Has Received Share Capital & Share Premium Of Rs.4,87,99,855/- Including Share Premium Of Rs.4,61,62,025/- On Account Of Issue Of 263783 Equity Shares Of Rs.10/- Each At A Premium Of Rs.175/-.

For Appellant: Shri V.K. Aggarwal, AR &For Respondent: Shri Vivek Vardhan, Sr. DR
Section 132Section 132(1)

source and availability of fund by investor, I am of the considered view that the AO has merely accepted the appraisal report of the Investigation Wing without meeting the touchstone tests of section 68 like — credit worthiness, identities and genuineness of transaction. Further AO has made such addition stating that ... genuineness of the transaction is clearly proved. The AO has simply made the addition on the basis of information received from the investigation wing. He has not brought any material on record to disprove the contents of these documents filed before AO. iv. As regards the valuation of shares

Bini Builders P. Ltd., Mumbai vs. Dy CIT-CC-7(3), Mumbai

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

ITA 1321/MUM/2021[2009-10]Status: DisposedITAT Mumbai28 Apr 2022AY 2009-10

Bench: Shri Prashant Maharishi, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 1321/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2009-10) बिधम/ Bini Builders Pvt. Ltd. Dcit Central Circle-7(3) 203-204, Raigad Darshan, Jp Room No.655, Aayakar Vs. Road, Andheri West, Bhawan, M. K. Road, Mumbai-400053. Mumbai-400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccb3447R (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Shri C. T. Mathews (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 20/04/2022 घोषणा की तारीख /Date Of Pronouncement: 28/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 20.05.2021 Passed By The Commissioner Of Income Tax (Appeals) -49, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2009- 10. 2. The Assessee Has Raised The Following Grounds: - “1. On The Facts & Circumstances Of The Case & In Law The Ld Cit(A) Erred In Confirming The Initiation Of The Reassessment Proceeding Under Section 147. A.Y.2009-10 2. On The Facts & Circumstances Of The Case The Ld Cit(A) Erred In Confirming & Creating Reason To Believe For Escaped Assessment U/S. 147 As There Was No Failure On Part Of Assessee To Disclose Fully & Truly Fact.

For Appellant: Shri Vimal PunmiyaFor Respondent: Shri C. T. Mathews (Sr. AR)
Section 131Section 143Section 143(2)Section 147Section 148Section 234ASection 271(1)(c)Section 3Section 68

believe that certain income escaped assessment in the hands of the assessee. We find that Ld. AO was clinched with tangible information from investigation wing which suggested possible escapement of income in the hands of the assessee. In our opinion, nothing more was required at this stage since ... believe that certain income escaped assessment in the hands of the assessee. We find that Ld. AO was clinched with tangible information from investigation wing which suggested possible escapement of income in the hands of the assessee. In our opinion, nothing more was required at this stage since

Shri Rameshkumar H. Jain, Mumbai vs. Dy CIT, CC-2(4), Mumbai

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

ITA 1721/MUM/2020[2013-14]Status: DisposedITAT Mumbai28 Apr 2022AY 2013-14

Bench: Shri Amar Jit Singh & Shri S. Rifaur Rahmanassessment Year: 2013-14 Shri Rameshkumar H. Jain, Dcit, Bit Chawl No.3, Central Circle-2(4), Shop No.202, Mumbai – 400 020 Seth Mothi Sha, Vs. Love Lane, Mazgaon, Byculla, Mumbai – 400 010 Pan: Aaipj9005G (Appellant) (Respondent) Present For: Assessee By : Ms.Ruchi Rathod, A.R. Revenue By : Shri Ganesh Bare, Sr. A.R. Cit Date Of Hearing : 05.04.2022 Date Of Pronouncement : 28.04.2022 O R D E R Per Amarjit Singh: The Assessee Has Filed The Present Appeal Against The Order Dated 17.03.2020 Passed By The Commissioner Of Income Tax (Appeals)-48, Mumbai Relevant To Assessment Year 2013-14. 2. The Assessee Has Raised The Following Grounds: “1. On The Facts & Circumstances Of The Case & In Law, The Learned Commissioner Of Income-Tax (Appeal) Erred In Not Treating The Search Action As Illegal & Bad In Law. The Learned Commissioner Of Income-Tax (Appeal) Erred In Not Holding That The Assessment Order Passed By The Assessing Officer Is Bad, Illegal & Without Jurisdiction. The Said Proceeding Is Illegal, Without Jurisdiction & Bad In Law. 2.1. On Facts & Circumstances Of The Case & In Law Learned Cit (Appeals) Erred In Confirming Arbitrarily The Addition Of Rs.22,31,445/- Being Not Treating The Jewelry Found In Locker As The Stock In Trade Of The Appellant. Addition

For Appellant: Ms.Ruchi Rathod, A.RFor Respondent: Shri Ganesh Bare, Sr. A.R. CIT
Section 132Section 132(4)

brief facts of the case are that a search and seizure action under section 132 of the Act was carried out by the Investigation Wing-4, Mumbai in case of M/s. Gold Sukh Safety Vaults Ltd. (for short ‘Gold Sukh’) on 08.11.2012 . Gold was involved in the business of providing

D.C.I.T., Circle-2(3), Kolkata vs. Ninder and Sons (HUF), New Delhi

In the result, all the three appeals of the revenue are 14

ITA 967/KOL/2019[2013-14]Status: DisposedITAT Kolkata27 Apr 2022AY 2013-14

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2013-14 Dcit, Circle-2(3), Smt. Promila Chandhoke Kolkata Vs. B-96, Mansarover Garden, New Delhi- 110 015. Pan: Aahpc 8795 K (Appellant) (Respondent) Assessment Year: 2013-14 Dcit, Circle-2(3), Shri Harshdeep Kolkata Chandhoke Vs. B-96, Mansarover Garden, New Delhi- 110 015. Pan: Aerpc 3660 D (Appellant) (Respondent) Assessment Year: 2013-14 Dcit, Circle-2(3), Ninder & Sons (Huf) Kolkata Vs. B-96, Mansarover Garden, New Delhi- 110015. Pan: Aadhn 7436 C (Appellant) (Respondent) Present For: Appellant By : Shri Sallong Yaden, Addl. Cit Respondent By : Shri I.P. Bansal & Shri Vivek Bansal, Advocate Date Of Hearing : 08.02.2022 Date Of Pronouncement : 27.04.2022 O R D E R Per Girish Agrawal: These Three Appeals Are Arising Out Of The Order Of Ld. Cit(A)- 17, New Delhi Vide Order Even Dated 31.12.2018 In Respective Appeal Smt. Promila Chandoke, Shri Harshdeep Chandhoke & Ninder & Sons (Huf)

For Appellant: Shri Sallong Yaden, Addl. CITFor Respondent: Shri I.P. Bansal & Shri Vivek Bansal, Advocate
Section 127(2)Section 143(3)

business premise as reported by the assessee was at B-96, Mansarover Garden, New Delhi. During the course of search operations conducted by the Investigation Wing, it is seen that the said premise was actually a residential building. Moreover, on perusal of the assessment records

D.C.I.T., Circle-2(3), Kolkata vs. Shri Harshdeep Chandhoke, New Delhi

In the result, all the three appeals of the revenue are 14

ITA 966/KOL/2019[2013-14]Status: DisposedITAT Kolkata27 Apr 2022AY 2013-14

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2013-14 Dcit, Circle-2(3), Smt. Promila Chandhoke Kolkata Vs. B-96, Mansarover Garden, New Delhi- 110 015. Pan: Aahpc 8795 K (Appellant) (Respondent) Assessment Year: 2013-14 Dcit, Circle-2(3), Shri Harshdeep Kolkata Chandhoke Vs. B-96, Mansarover Garden, New Delhi- 110 015. Pan: Aerpc 3660 D (Appellant) (Respondent) Assessment Year: 2013-14 Dcit, Circle-2(3), Ninder & Sons (Huf) Kolkata Vs. B-96, Mansarover Garden, New Delhi- 110015. Pan: Aadhn 7436 C (Appellant) (Respondent) Present For: Appellant By : Shri Sallong Yaden, Addl. Cit Respondent By : Shri I.P. Bansal & Shri Vivek Bansal, Advocate Date Of Hearing : 08.02.2022 Date Of Pronouncement : 27.04.2022 O R D E R Per Girish Agrawal: These Three Appeals Are Arising Out Of The Order Of Ld. Cit(A)- 17, New Delhi Vide Order Even Dated 31.12.2018 In Respective Appeal Smt. Promila Chandoke, Shri Harshdeep Chandhoke & Ninder & Sons (Huf)

For Appellant: Shri Sallong Yaden, Addl. CITFor Respondent: Shri I.P. Bansal & Shri Vivek Bansal, Advocate
Section 127(2)Section 143(3)

business premise as reported by the assessee was at B-96, Mansarover Garden, New Delhi. During the course of search operations conducted by the Investigation Wing, it is seen that the said premise was actually a residential building. Moreover, on perusal of the assessment records