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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

Snehalatha Singhi, Bangalore vs. Deputy Commissioner of Income Tax, Circle-1(1)(2), Bangalore

In the result assessee’s appeal stands allowed for statistical purposes

ITA 3153/BANG/2018[2014-15]Status: DisposedITAT Bangalore15 Mar 2022AY 2014-15

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2014-15 Smt. Snehalatha Singhi, The Deputy Flat No. 101, Commissioner Of Pride Elite, Income Tax, No. 10, Museum Road, Circle – 1 (1)(2), Bangalore – 560 001. Vs. Bangalore. Pan: Ajmps0427Q Appellant Respondent : Shri K.R. Pradeep & Ms. Girija, Assessee By Advocates : Shri Priyadarshi Mishra, Addl. Revenue By Cit (Dr) Date Of Hearing : 15-03-2022 Date Of Pronouncement : 15-03-2022 Order Per Beena Pillaipresent Appeal Has Been Filed By Assessee Against Order Dated 10.08.2018 Passed By Ld.Cit(A)-1, Bangalore For Assessment Year 2014-15. 2. Brief Facts Of The Case Are As Under: The Assessee Is An Individual & Filed His Return Of Income On 31/03/2015 For Year Under Consideration Declaring Total Income Of Rs.1,31,57,680/-. Ld.Ao Observed That Assessee Has Claimed Exemption Under Section 10(38) Amounting To Rs.3,10,94,952/- Towards Sale Of Equity Shares. The Case Was Selected For Scrutiny

For Respondent: Shri K.R. Pradeep & Ms. Girija
Section 10(38)

selected for scrutiny Page 2 of 11 to verify the suspicions long term capital gains on shares in pursuance to the inputs from investigation wing. 2.1. Ld.AO observed that, during the year assessee sold shares of following companies: Particulars Year of No. of Average Total Purchase shares Value per consideration ... point on an opposite direction the claim is proven to be illegitimate. The Ld.Sr.DR submitted that the assessing officer was made aware by the investigation wing regarding these companies are fictitious companies of shell companies. He submitted that the alleged long term capital gain was disallowed by the Ld.AO

The Assistant Commissioner of Income Tax, Circle-2(1), Guntur vs. Ravichandra Textiles Private Limited, Guntur

In the result, the appeal filed by the assessee is allowed and the appeal filed by the revenue as well as the cross objections filed by the assessee are dismissed

ITA 355/VIZ/2019[2011-12]Status: DisposedITAT Visakhapatnam11 Mar 2022AY 2011-12

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.347/Viz/2019 (निर्धारण वर्ा / Assessment Year : 2011-12) M/S Sri Ravi Chandra Textiles (P) Ltd. Vs. Asst.Commissioner Of F.No.Gf-2, Sai Prakash Apartments Income Tax 1St Lane, Vidya Nagar, Guntur Circle-2(1) [Pan : Aaocs 2563F] Guntur (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No.355/Viz/2019 (निर्धारण वर्ा / Assessment Year : 2011-12) Asst.Commissioner Of Vs. M/S Sri Ravi Chandra Textiles (P) Income Tax Ltd., F.No.Gf-2, Circle-2(1) Sai Prakash Apartments, Guntur 1St Lane, Vidya Nagar, Guntur [Pan : Aaocs 2563F] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Cross Objection No.118/Viz/2019 (Arising Out Of I.T.A.No.355/Viz/2019) M/S Sri Ravi Chandra Textiles (P) Ltd., Asst.Commissioner Of F.No.Gf-2, Sai Prakash Apartments, Income Tax 1St Lane, Vidya Nagar, Guntur Circle-2(1) [Pan : Aaocs 2563F] Guntur (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) निर्धाऩरती की ओर से/ Assessee By : Shri Gvn Hari, Ar रधजस्व की ओर से / Revenue By : Shri Spg Mudaliar, Dr सुिवधई की तधरीख / Date Of Hearing : 09.02.2022 घोर्णध की तधरीख/Date Of Pronouncement : 11.03.2022

For Appellant: Shri GVN Hari, ARFor Respondent: Shri SPG Mudaliar, DR
Section 143(1)Section 147Section 148Section 69

issued notice u/s 148 of the Act to the assessee mentioning the reasons for such reopening. On receipt of information from Investigation Wing, Guntur, the AO found that Shri G.Punna Rao has shown receipts from consideration on account of sale of agricultural land to the assessee for more than ... Shri G.Punna Rao has made cash deposits in his bank account substantially during the period from 01.10.2010 to 21.12.2010. An inquiry was conducted by investigation wing and during the enquiry Shri G. Punna Rao had disclosed his source for the cash deposits, saying that he had received the amount

Sri Ravi Chandra Textiles Private Limited, Guntur vs. The Assistant Commissioner of Income Tax., Circle-2(1), Guntur

In the result, the appeal filed by the assessee is allowed and the appeal filed by the revenue as well as the cross objections filed by the assessee are dismissed

ITA 347/VIZ/2019[2011-12]Status: DisposedITAT Visakhapatnam11 Mar 2022AY 2011-12

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.347/Viz/2019 (निर्धारण वर्ा / Assessment Year : 2011-12) M/S Sri Ravi Chandra Textiles (P) Ltd. Vs. Asst.Commissioner Of F.No.Gf-2, Sai Prakash Apartments Income Tax 1St Lane, Vidya Nagar, Guntur Circle-2(1) [Pan : Aaocs 2563F] Guntur (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No.355/Viz/2019 (निर्धारण वर्ा / Assessment Year : 2011-12) Asst.Commissioner Of Vs. M/S Sri Ravi Chandra Textiles (P) Income Tax Ltd., F.No.Gf-2, Circle-2(1) Sai Prakash Apartments, Guntur 1St Lane, Vidya Nagar, Guntur [Pan : Aaocs 2563F] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Cross Objection No.118/Viz/2019 (Arising Out Of I.T.A.No.355/Viz/2019) M/S Sri Ravi Chandra Textiles (P) Ltd., Asst.Commissioner Of F.No.Gf-2, Sai Prakash Apartments, Income Tax 1St Lane, Vidya Nagar, Guntur Circle-2(1) [Pan : Aaocs 2563F] Guntur (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) निर्धाऩरती की ओर से/ Assessee By : Shri Gvn Hari, Ar रधजस्व की ओर से / Revenue By : Shri Spg Mudaliar, Dr सुिवधई की तधरीख / Date Of Hearing : 09.02.2022 घोर्णध की तधरीख/Date Of Pronouncement : 11.03.2022

For Appellant: Shri GVN Hari, ARFor Respondent: Shri SPG Mudaliar, DR
Section 143(1)Section 147Section 148Section 69

issued notice u/s 148 of the Act to the assessee mentioning the reasons for such reopening. On receipt of information from Investigation Wing, Guntur, the AO found that Shri G.Punna Rao has shown receipts from consideration on account of sale of agricultural land to the assessee for more than ... Shri G.Punna Rao has made cash deposits in his bank account substantially during the period from 01.10.2010 to 21.12.2010. An inquiry was conducted by investigation wing and during the enquiry Shri G. Punna Rao had disclosed his source for the cash deposits, saying that he had received the amount