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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

Income Tax Officer Ward 2(3)(7), Surat vs. Shri Atul Kailashchandra Mehta, Surat

In the result, appeals filed by the Revenue ( in ITA No

ITA 107/SRT/2017[2008-09]Status: DisposedITAT Surat20 Sept 2021AY 2008-09

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.106/Srt/2017 ("नधा"रणवष" / Assessment Year: (2007-08) (Virtual Court Hearing) The Income Tax Officer, V Shri Mukesh Mahavirprasad Sen, Ward-2(3(8), Surat. 6/1862-63, 3Rd Floor, Office S. No.305, Ghanshyam Bhuvan, Bal Sheri, Mahidharpura, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Bcsps 0173 F (Assessee) (Respondent) आयकरअपीलसं./Ita No.107/Srt/2017 ("नधा"रणवष" / Assessment Year: (2008-09) (Virtual Court Hearing) The Income Tax Officer, V Shri Atul Kailashchandra Mehta, Ward-2(3)(7), Surat. S. 7/2496, Office No.2, Shastru Chambers, Maznine Floor, Chandulal Sheri, Mahidharpura, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Alxpm 7834 Q (Assessee) (Respondent) Assessee By : Shri Rohit Vijayvargiya - Ca Respondent By : Shri Ritesh Mishra – Cit(Dr) सुनवाईक"तार"ख/ Date Of Hearing : 17/06/2021 घोषणाक"तार"ख/Date Of Pronouncement : 20/09/2021 आदेश / O R D E R Per Dr. A. L. Saini:

For Appellant: Shri Rohit Vijayvargiya - CAFor Respondent: Shri Ritesh Mishra – CIT(DR)
Section 132(4)Section 144

capital, etc., given by Shri Bhawarlal Jain group of Mumbai, a leading entry provider. A search and seizure action was carried out by the Investigation wing, Mumbai in the Bhawarlal Jain group of cases on 03.10.2013, which resulted in collection of evidences and other findings, which conclusively proved that ... 107/SRT/2017 for A.Y. 2007-08 & 08-09 Shri Mukesh Mahavirpraad Sen & Shri Atul Kailashchandra Mehta The assessing officer observed that 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 Bhawarlal Jain & family, which ensures

Income Tax Officer Ward 2(3)(8), Surat vs. Shri Mukesh Mahavir Prasad Sen, Surat

In the result, appeals filed by the Revenue ( in ITA No

ITA 106/SRT/2017[2007-08]Status: DisposedITAT Surat20 Sept 2021AY 2007-08

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.106/Srt/2017 ("नधा"रणवष" / Assessment Year: (2007-08) (Virtual Court Hearing) The Income Tax Officer, V Shri Mukesh Mahavirprasad Sen, Ward-2(3(8), Surat. 6/1862-63, 3Rd Floor, Office S. No.305, Ghanshyam Bhuvan, Bal Sheri, Mahidharpura, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Bcsps 0173 F (Assessee) (Respondent) आयकरअपीलसं./Ita No.107/Srt/2017 ("नधा"रणवष" / Assessment Year: (2008-09) (Virtual Court Hearing) The Income Tax Officer, V Shri Atul Kailashchandra Mehta, Ward-2(3)(7), Surat. S. 7/2496, Office No.2, Shastru Chambers, Maznine Floor, Chandulal Sheri, Mahidharpura, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Alxpm 7834 Q (Assessee) (Respondent) Assessee By : Shri Rohit Vijayvargiya - Ca Respondent By : Shri Ritesh Mishra – Cit(Dr) सुनवाईक"तार"ख/ Date Of Hearing : 17/06/2021 घोषणाक"तार"ख/Date Of Pronouncement : 20/09/2021 आदेश / O R D E R Per Dr. A. L. Saini:

For Appellant: Shri Rohit Vijayvargiya - CAFor Respondent: Shri Ritesh Mishra – CIT(DR)
Section 132(4)Section 144

capital, etc., given by Shri Bhawarlal Jain group of Mumbai, a leading entry provider. A search and seizure action was carried out by the Investigation wing, Mumbai in the Bhawarlal Jain group of cases on 03.10.2013, which resulted in collection of evidences and other findings, which conclusively proved that ... 107/SRT/2017 for A.Y. 2007-08 & 08-09 Shri Mukesh Mahavirpraad Sen & Shri Atul Kailashchandra Mehta The assessing officer observed that 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 Bhawarlal Jain & family, which ensures

ITO 6(1)(2), Mumbai vs. M/S Ampex Communication Pvt Ltd., Mumbai

In the result, appeal by the Revenue is dismissed

ITA 1242/MUM/2020[2013-14]Status: DisposedITAT Mumbai20 Sept 2021AY 2013-14

Bench: Shri Pramod Kumar, Vice- & Shri Vikas Awasthyआअसं. 1242/मुं/2020 ("न. व .2013-14) Income Tax Officer – 6(1)(2), Room No.508, 5Th Floor, Aaykar Bhavan, M.K.Road, Mumbai 400 020 ...... अपीलाथ" /Appellant बनाम Vs. M/S. Ampex Communication Pvt. Ltd. 411, Nirman Kendra, Off Dr. Edwn Moses Road, Mahalaxmi, Mumbai 400 011. Pan:Aabca- 5253-H ..... ""तवाद"/Respondent [ अपीलाथ" "वारा/ Appellant By : Ms.Smita Verma ""तवाद" "वारा/Respondent By : Ms. Vinita Shah सुनवाई क" "त"थ/ Date Of Hearing : 09/09/2021 घोषणा क" "त"थ/ Date Of Pronouncement : 09/09/2021

For Appellant: Ms.Smita VermaFor Respondent: Ms. Vinita Shah

sides heard and orders of authorities below examined. The assessment in the case of assessee was reopened on the basis of information received from Investigation Wing of the Income Tax Department. The Tribunal in the case of ITO vs. Amarchand P. Shah, 73 ITR (Tribunal) 588 (Mumbai) has held that ... CBDT Circular (supra). It is an internal wing of the Income Tax Department. Therefore, any addition on the basis of information received from the Investigation Wing of the Department would not be covered by exception provided in Para -10(e) of the CBDT Circular (supra). Since, the appeal by Revenue