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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

Rajlaxmi Prints Pvt.Ltd., Surat vs. The Dy. Commissioner of Income Tax, Circle 2(1)(1), Surat

In the result, appeals filed by the assessee (In ITA No

ITA 462/SRT/2018[2014-15]Status: DisposedITAT Surat10 Jan 2022AY 2014-15

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.461 & 462/Srt/2018 ("नधा"रणवष" / Assessment Years: (2013-14 To 2014-15) (Virtual Court Hearing) M/S. Rajlaxmi Prints Pvt. Ltd Vs. The Dcit, Circle-2(1)(1), Plot No. 246/1, Gidc, Pandesara, Surat. Surat-394221. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcr1036R (Assessee) (Respondent) Assessee By : Shri Manish Malpani, Ca Revenue By : Ms Anupama Singla, Sr. Dr सुनवाईक"तार"ख/ Date Of Hearing : 23/11/2021 घोषणाक"तार"ख/Date Of Pronouncement : 10/01/2022 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Years (Ays) 2013-14 & 2014-15, Is Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-2, Surat [In Short “The Ld. Cit(A)”] In Appeal Nos. Cas/2/69/2016-17 & Cas/2/718/2016-17 Dated 22.05.2018 & 25.05.2018 Respectively, Which In Turn Arise Out Of Separate Assessment Orders Passed By The Assessing Officer Under Section 143(3) Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”].

For Appellant: Shri Manish Malpani, CAFor Respondent: Ms Anupama Singla, Sr. DR
Section 143(2)Section 143(3)Section 68

companies which were controlled by two known entry providers namely Shri Jivendra Mishra and Sajan Kumar Garg as per the inquiries conducted by the Investigation Wing, Kolkata. In the statement on oath, Shri Jivendra Mishra had admitted before the Investigation Wing, that he is in the business of providing accommodation ... business activity and had almost no revenue generation and neither any income. In the statement on oath, Shri Jivendra Mishra had admitted before the Investigation Wing, that he is in the business of providing accommodation entry and was operating from the various addresses through bogus paper companies. Therefore

Rajlaxmi Prints Pvt.Ltd., Surat vs. The Dy. Commissioner of Income Tax, Circle 2(1)(1), Surat

In the result, appeals filed by the assessee (In ITA No

ITA 461/SRT/2018[2013-14]Status: DisposedITAT Surat10 Jan 2022AY 2013-14

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.461 & 462/Srt/2018 ("नधा"रणवष" / Assessment Years: (2013-14 To 2014-15) (Virtual Court Hearing) M/S. Rajlaxmi Prints Pvt. Ltd Vs. The Dcit, Circle-2(1)(1), Plot No. 246/1, Gidc, Pandesara, Surat. Surat-394221. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcr1036R (Assessee) (Respondent) Assessee By : Shri Manish Malpani, Ca Revenue By : Ms Anupama Singla, Sr. Dr सुनवाईक"तार"ख/ Date Of Hearing : 23/11/2021 घोषणाक"तार"ख/Date Of Pronouncement : 10/01/2022 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Years (Ays) 2013-14 & 2014-15, Is Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-2, Surat [In Short “The Ld. Cit(A)”] In Appeal Nos. Cas/2/69/2016-17 & Cas/2/718/2016-17 Dated 22.05.2018 & 25.05.2018 Respectively, Which In Turn Arise Out Of Separate Assessment Orders Passed By The Assessing Officer Under Section 143(3) Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”].

For Appellant: Shri Manish Malpani, CAFor Respondent: Ms Anupama Singla, Sr. DR
Section 143(2)Section 143(3)Section 68

companies which were controlled by two known entry providers namely Shri Jivendra Mishra and Sajan Kumar Garg as per the inquiries conducted by the Investigation Wing, Kolkata. In the statement on oath, Shri Jivendra Mishra had admitted before the Investigation Wing, that he is in the business of providing accommodation ... business activity and had almost no revenue generation and neither any income. In the statement on oath, Shri Jivendra Mishra had admitted before the Investigation Wing, that he is in the business of providing accommodation entry and was operating from the various addresses through bogus paper companies. Therefore

The Deputy Commissioner of Income Tax, Circle-3(3), Surat vs. Shri Ravjibhai Becharbhai Dhameliya, Surat

In the result the ground No

ITA 1525/AHD/2017[2013-14]Status: DisposedITAT Surat06 Jan 2022AY 2013-14

Bench: Shri Pawan Singh, Hon'Ble & Shri Arjun Lal Saini, Hon'Bleआ.अ.सं./I.T.A Nos.1239 To 1241/Ahd/2017 & Ita Nos.1523, 1524 & 1525/Ahd/2017 "नधा"रणवष"/Assessment Years: 2007-08, 2008-09 & 2013-14 (Virtual Court Hearing) Shrik Ravjibhai B Dhameliya Vs. Dy. Commissioner Of Income Tax Prop. M/S. Amrut Exports, Circle-3(3), Surat Vrajshila, Nr. Gajjar Petrol Pump, Kapodara Char Rasta, Varachha Road, Surat. [Pan: Accpd5423C] Vs. Shrik Ravjibhai B Dhameliya Prop. Dy. Commissioner Of Income Tax M/S. Amrut Exports, Vrajshila, Nr. Circle-3(3), Surat Gajjar Petrol Pump, Kapodara Char Rasta, Varachha Road, Surat [Pan: Accpd5423C] अपीलाथ" / Appellant ""यथ"/Respondent "नधा"रतीक"ओरसे /Assessee By Shri Sapnesh Sheth, C.A. राज"वक"ओरसे /Revenue By Shri H.P. Meena, Cit/ Dr & Ms. Anupama Singla, Sr. Dr. सुनवाई क" तार"ख/ Date Of Hearing: 21.10.2021 उ"घोषणा क" तार"ख/Pronouncement On: 06.01.2022

Section 143(3)Section 147Section 148

Sanjay Choudhari Group and Shri Dharmichand Jain Group of Mumbai, a leading entry provider. A search and seizure action was carried out by the Investigation Wing, Mumbai in the Shri Rajendra Jain group cases on 03.10.2013, which resulted in collection of evidences and other findings, which conclusively proved that ... this group as also by Shri. Rajendra Jain Group, Shri Sanjay Choudhari Group and Dharmichand Jain Group of Mumbai. The investigations made by the investigation wing revealed that actual importers of rough diamonds import part of their diamond requirement through benami entities operated by Shri Rajendra Jain Group, Shri Sanjay

The Deputy Commissioner of Income Tax, Circle-3(3), Surat vs. Shri Ravjibhai Becharbhai Dhameliya, Surat

In the result the ground No

ITA 1524/AHD/2017[2008-09]Status: DisposedITAT Surat06 Jan 2022AY 2008-09

Bench: Shri Pawan Singh, Hon'Ble & Shri Arjun Lal Saini, Hon'Bleआ.अ.सं./I.T.A Nos.1239 To 1241/Ahd/2017 & Ita Nos.1523, 1524 & 1525/Ahd/2017 "नधा"रणवष"/Assessment Years: 2007-08, 2008-09 & 2013-14 (Virtual Court Hearing) Shrik Ravjibhai B Dhameliya Vs. Dy. Commissioner Of Income Tax Prop. M/S. Amrut Exports, Circle-3(3), Surat Vrajshila, Nr. Gajjar Petrol Pump, Kapodara Char Rasta, Varachha Road, Surat. [Pan: Accpd5423C] Vs. Shrik Ravjibhai B Dhameliya Prop. Dy. Commissioner Of Income Tax M/S. Amrut Exports, Vrajshila, Nr. Circle-3(3), Surat Gajjar Petrol Pump, Kapodara Char Rasta, Varachha Road, Surat [Pan: Accpd5423C] अपीलाथ" / Appellant ""यथ"/Respondent "नधा"रतीक"ओरसे /Assessee By Shri Sapnesh Sheth, C.A. राज"वक"ओरसे /Revenue By Shri H.P. Meena, Cit/ Dr & Ms. Anupama Singla, Sr. Dr. सुनवाई क" तार"ख/ Date Of Hearing: 21.10.2021 उ"घोषणा क" तार"ख/Pronouncement On: 06.01.2022

Section 143(3)Section 147Section 148

Sanjay Choudhari Group and Shri Dharmichand Jain Group of Mumbai, a leading entry provider. A search and seizure action was carried out by the Investigation Wing, Mumbai in the Shri Rajendra Jain group cases on 03.10.2013, which resulted in collection of evidences and other findings, which conclusively proved that ... this group as also by Shri. Rajendra Jain Group, Shri Sanjay Choudhari Group and Dharmichand Jain Group of Mumbai. The investigations made by the investigation wing revealed that actual importers of rough diamonds import part of their diamond requirement through benami entities operated by Shri Rajendra Jain Group, Shri Sanjay

The Deputy Commissioner of Income Tax, Circle-3(3), Surat vs. Shri Ravjibhai Becharbhai Dhameliya, Surat

In the result the ground No

ITA 1523/AHD/2017[2007-08]Status: DisposedITAT Surat06 Jan 2022AY 2007-08

Bench: Shri Pawan Singh, Hon'Ble & Shri Arjun Lal Saini, Hon'Bleआ.अ.सं./I.T.A Nos.1239 To 1241/Ahd/2017 & Ita Nos.1523, 1524 & 1525/Ahd/2017 "नधा"रणवष"/Assessment Years: 2007-08, 2008-09 & 2013-14 (Virtual Court Hearing) Shrik Ravjibhai B Dhameliya Vs. Dy. Commissioner Of Income Tax Prop. M/S. Amrut Exports, Circle-3(3), Surat Vrajshila, Nr. Gajjar Petrol Pump, Kapodara Char Rasta, Varachha Road, Surat. [Pan: Accpd5423C] Vs. Shrik Ravjibhai B Dhameliya Prop. Dy. Commissioner Of Income Tax M/S. Amrut Exports, Vrajshila, Nr. Circle-3(3), Surat Gajjar Petrol Pump, Kapodara Char Rasta, Varachha Road, Surat [Pan: Accpd5423C] अपीलाथ" / Appellant ""यथ"/Respondent "नधा"रतीक"ओरसे /Assessee By Shri Sapnesh Sheth, C.A. राज"वक"ओरसे /Revenue By Shri H.P. Meena, Cit/ Dr & Ms. Anupama Singla, Sr. Dr. सुनवाई क" तार"ख/ Date Of Hearing: 21.10.2021 उ"घोषणा क" तार"ख/Pronouncement On: 06.01.2022

Section 143(3)Section 147Section 148

Sanjay Choudhari Group and Shri Dharmichand Jain Group of Mumbai, a leading entry provider. A search and seizure action was carried out by the Investigation Wing, Mumbai in the Shri Rajendra Jain group cases on 03.10.2013, which resulted in collection of evidences and other findings, which conclusively proved that ... this group as also by Shri. Rajendra Jain Group, Shri Sanjay Choudhari Group and Dharmichand Jain Group of Mumbai. The investigations made by the investigation wing revealed that actual importers of rough diamonds import part of their diamond requirement through benami entities operated by Shri Rajendra Jain Group, Shri Sanjay

Shri Ravjibhai B. Dhameliya, Surat vs. The Deputy Commissioner of Income Tax, Circle-3(3), Surat

In the result the ground No

ITA 1241/AHD/2017[2013-14]Status: DisposedITAT Surat06 Jan 2022AY 2013-14

Bench: Shri Pawan Singh, Hon'Ble & Shri Arjun Lal Saini, Hon'Bleआ.अ.सं./I.T.A Nos.1239 To 1241/Ahd/2017 & Ita Nos.1523, 1524 & 1525/Ahd/2017 "नधा"रणवष"/Assessment Years: 2007-08, 2008-09 & 2013-14 (Virtual Court Hearing) Shrik Ravjibhai B Dhameliya Vs. Dy. Commissioner Of Income Tax Prop. M/S. Amrut Exports, Circle-3(3), Surat Vrajshila, Nr. Gajjar Petrol Pump, Kapodara Char Rasta, Varachha Road, Surat. [Pan: Accpd5423C] Vs. Shrik Ravjibhai B Dhameliya Prop. Dy. Commissioner Of Income Tax M/S. Amrut Exports, Vrajshila, Nr. Circle-3(3), Surat Gajjar Petrol Pump, Kapodara Char Rasta, Varachha Road, Surat [Pan: Accpd5423C] अपीलाथ" / Appellant ""यथ"/Respondent "नधा"रतीक"ओरसे /Assessee By Shri Sapnesh Sheth, C.A. राज"वक"ओरसे /Revenue By Shri H.P. Meena, Cit/ Dr & Ms. Anupama Singla, Sr. Dr. सुनवाई क" तार"ख/ Date Of Hearing: 21.10.2021 उ"घोषणा क" तार"ख/Pronouncement On: 06.01.2022

Section 143(3)Section 147Section 148

Sanjay Choudhari Group and Shri Dharmichand Jain Group of Mumbai, a leading entry provider. A search and seizure action was carried out by the Investigation Wing, Mumbai in the Shri Rajendra Jain group cases on 03.10.2013, which resulted in collection of evidences and other findings, which conclusively proved that ... this group as also by Shri. Rajendra Jain Group, Shri Sanjay Choudhari Group and Dharmichand Jain Group of Mumbai. The investigations made by the investigation wing revealed that actual importers of rough diamonds import part of their diamond requirement through benami entities operated by Shri Rajendra Jain Group, Shri Sanjay

Shri Ravjibhai B. Dhameliya, Surat vs. The Deputy Commissioner of Income Tax, Circle-3(3), Surat

In the result the ground No

ITA 1240/AHD/2017[2008-09]Status: DisposedITAT Surat06 Jan 2022AY 2008-09

Bench: Shri Pawan Singh, Hon'Ble & Shri Arjun Lal Saini, Hon'Bleआ.अ.सं./I.T.A Nos.1239 To 1241/Ahd/2017 & Ita Nos.1523, 1524 & 1525/Ahd/2017 "नधा"रणवष"/Assessment Years: 2007-08, 2008-09 & 2013-14 (Virtual Court Hearing) Shrik Ravjibhai B Dhameliya Vs. Dy. Commissioner Of Income Tax Prop. M/S. Amrut Exports, Circle-3(3), Surat Vrajshila, Nr. Gajjar Petrol Pump, Kapodara Char Rasta, Varachha Road, Surat. [Pan: Accpd5423C] Vs. Shrik Ravjibhai B Dhameliya Prop. Dy. Commissioner Of Income Tax M/S. Amrut Exports, Vrajshila, Nr. Circle-3(3), Surat Gajjar Petrol Pump, Kapodara Char Rasta, Varachha Road, Surat [Pan: Accpd5423C] अपीलाथ" / Appellant ""यथ"/Respondent "नधा"रतीक"ओरसे /Assessee By Shri Sapnesh Sheth, C.A. राज"वक"ओरसे /Revenue By Shri H.P. Meena, Cit/ Dr & Ms. Anupama Singla, Sr. Dr. सुनवाई क" तार"ख/ Date Of Hearing: 21.10.2021 उ"घोषणा क" तार"ख/Pronouncement On: 06.01.2022

Section 143(3)Section 147Section 148

Sanjay Choudhari Group and Shri Dharmichand Jain Group of Mumbai, a leading entry provider. A search and seizure action was carried out by the Investigation Wing, Mumbai in the Shri Rajendra Jain group cases on 03.10.2013, which resulted in collection of evidences and other findings, which conclusively proved that ... this group as also by Shri. Rajendra Jain Group, Shri Sanjay Choudhari Group and Dharmichand Jain Group of Mumbai. The investigations made by the investigation wing revealed that actual importers of rough diamonds import part of their diamond requirement through benami entities operated by Shri Rajendra Jain Group, Shri Sanjay

Shri Ravjibhai B. Dhameliya, Surat vs. The Deputy Commissioner of Income Tax, Circle-3(3), Surat

In the result the ground No

ITA 1239/AHD/2017[2007-08]Status: DisposedITAT Surat06 Jan 2022AY 2007-08

Bench: Shri Pawan Singh, Hon'Ble & Shri Arjun Lal Saini, Hon'Bleआ.अ.सं./I.T.A Nos.1239 To 1241/Ahd/2017 & Ita Nos.1523, 1524 & 1525/Ahd/2017 "नधा"रणवष"/Assessment Years: 2007-08, 2008-09 & 2013-14 (Virtual Court Hearing) Shrik Ravjibhai B Dhameliya Vs. Dy. Commissioner Of Income Tax Prop. M/S. Amrut Exports, Circle-3(3), Surat Vrajshila, Nr. Gajjar Petrol Pump, Kapodara Char Rasta, Varachha Road, Surat. [Pan: Accpd5423C] Vs. Shrik Ravjibhai B Dhameliya Prop. Dy. Commissioner Of Income Tax M/S. Amrut Exports, Vrajshila, Nr. Circle-3(3), Surat Gajjar Petrol Pump, Kapodara Char Rasta, Varachha Road, Surat [Pan: Accpd5423C] अपीलाथ" / Appellant ""यथ"/Respondent "नधा"रतीक"ओरसे /Assessee By Shri Sapnesh Sheth, C.A. राज"वक"ओरसे /Revenue By Shri H.P. Meena, Cit/ Dr & Ms. Anupama Singla, Sr. Dr. सुनवाई क" तार"ख/ Date Of Hearing: 21.10.2021 उ"घोषणा क" तार"ख/Pronouncement On: 06.01.2022

Section 143(3)Section 147Section 148

Sanjay Choudhari Group and Shri Dharmichand Jain Group of Mumbai, a leading entry provider. A search and seizure action was carried out by the Investigation Wing, Mumbai in the Shri Rajendra Jain group cases on 03.10.2013, which resulted in collection of evidences and other findings, which conclusively proved that ... this group as also by Shri. Rajendra Jain Group, Shri Sanjay Choudhari Group and Dharmichand Jain Group of Mumbai. The investigations made by the investigation wing revealed that actual importers of rough diamonds import part of their diamond requirement through benami entities operated by Shri Rajendra Jain Group, Shri Sanjay