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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

Vineet Malhotra, New Delhi vs. ACIT, Circle-61(1), New Delhi

The appeal of the assessee is allowed

ITA 7533/DEL/2018[2010-11]Status: DisposedITAT Delhi20 Apr 2021AY 2010-11

Bench: Shri R. K. Panda & Ms Suchitra Kamblei.T.A. No. 7533/Del/2018 (A.Y 2010-11) (Through Video Conferencing) Vineet Malhotra Vs Acit C/O M/S Rra Tax India, D-28, Circle-61 (1) South Extension, Part-1 New Delhi New Delhi (Respondent) Aazpm1434B (Appellant) Appellant By Sh. Somil Agarwal, Adv Respondent By Ms. Shivani Bansal, Sr. Dr Date Of Hearing 09.03.2021 Date Of Pronouncement 20.04.2021 Order Per Suchitra Kamble, Jm This Appeal Is Filed By The Assessee Against Order Dated 25/09/2018 Passed By Cit(A)-20, New Delhi For Assessment Year 2010-11. 2. The Grounds Of Appeal Are As Under:- “1. (A) That Having Regard To The Facts & Circumstances Of The Case, Ld. Cit(A) Has Erred In Law & On Facts In Not Quashing The Impugned Reassessment Order Passed By Ld. Ao U/S 147/143(3), More So When The Same Is Passed Without Assuming Jurisdiction As Per Law & Without Complying With The Mandatory Conditions Of Section 147 To 151 Of The Act. 1( B) That In Any Case & In Any View Of The Matter, Action Of Ld.Cit(A) Is Not Quashing The Impugned Reassessment Order Framed By Ld. A.O U/S 147/143(3), Is Beyond Jurisdiction, , Bad In Law & Against The Facts & Se

Section 147Section 234D

Code Modification and the same was done to escape assessment of a part of its income. Neither the Assessing Officer nor the report of Investigation wing has provided any reason or documents or statement which could establish that the client code modification has resulted in the shifting of the profit

DCIT 8(2)(1), Mumbai vs. Shradha Tradelinks P. Ltd, Mumbai

ITA 656/MUM/2016[2008-09]Status: DisposedITAT Mumbai08 Apr 2021AY 2008-09

Bench: Shri Shamim Yahya () & Shri Ravish Sood () Deputy Commissioner Of M/S Shradha Tradelinks Income Tax-8(2)(1), Vs. Pvt. Ltd., 1108, Dalamal Aayakar Bhavan, Room Tower, Free Press No. 624, M.K. Road, Journal Marg, Mumbai – 400 020 Nariman Point, Mumbai – 400 021 Pan No. Aafcs1489R (Assessee) (Revenue) C.O No.323/Mum/2017 (Arising Out Of Ita No. 656/Mum/2016) (Assessment Year: 2008-09) M/S Shradha Tradelinks Deputy Commissioner Of Pvt. Ltd. Vs. Income Tax, Circle 7(2), 1108, Dalamal Tower, Aayakar Bhavan, Free Press Journal Marg, Mumbai – 400 020 Nariman Point, Mumbai – 400 021 Pan No. Aafcs1489R (Assessee) (Revenue) Assessee By : Shri Paresh Shaparia, A.R Revenue By : Shri R. Manjunatha Swamy, Cit D.R Date Of Hearing : 13/01/2021 Date Of Pronouncement : 08/04/2021

For Appellant: Shri Paresh Shaparia, A.RFor Respondent: Shri R. Manjunatha Swamy, CIT D.R
Section 132Section 143(3)Section 147

initiated against the assessee was rightly quashed by the Tribunal. The High Court while concluding as hereinabove observed that while the report of the Investigation Wing might constitute the material on the basis of which the A.O forms the reasons to believe, but the process of arriving at such satisfaction/belief ... cannot be a mere repetition of the report of the Investigation wing. As observed by the Hon‟ble High Court, the reasons to believe must demonstrate link between the tangible material and the formation ITA No. 656/Mum/2016 AND C.O No. 323/Mum/2017 17 (Arising out of ITA No.656/Mum/2016

DCIT - 11(1)(2), Mumbai vs. M/S. Samanta Organics P. Ltd., Mumbai

In the result, the appeal filed by the revenue is hereby dismissed

ITA 3229/MUM/2019[2009-10]Status: DisposedITAT Mumbai07 Apr 2021AY 2009-10

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. Nos.3229 To 3231/Mum/2019 (निर्धारण वर्ा / Assessment Years: 2009-10, 2010-11 & 2011-12) Dcit-11(1)(2) बिधम/ M/S. Samanta Organics Pvt. Room No.1, Ground Floor, Ltd. Vs. M. K. Road, Aayakar 194, Arvind Chambers, Off, Bhavan, Mumbai-400020. Western Express Highway, Andheri (E), Mumbai- 400069. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadcs2099B (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri T. S. Khalsa (Sr. Ar) Assessee By: None सुनवाई की तारीख / Date Of Hearing: 22/02/2021 घोषणा की तारीख /Date Of Pronouncement: 07/04/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Above Mentioned Appeals Have Been Filed By The Revenue Against The Different Order Passed By The Commissioner Of Income Tax (Appeals)- 18, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys.2009-10 To 2011-12

For Appellant: NoneFor Respondent: Shri T. S. Khalsa (Sr. AR)
Section 133(6)Section 143(1)Section 143(2)Section 148Section 80G

appellant and observed that the appellant failed to furnish the supporting documentary evidence to support that the purchases were actually made by them. The Investigation Wing of Mumbai had provided a list of hawala bill racketeers who were involved in issuing bills and also the list of beneficiaries. The Sales