“investigation wing”

Mrs. Kamala S Raisono, Mumbai vs. ITO 17(2)(2), Mumbai

In the result, appeal is partly allowed

Bench: Shri Saktijit Dey ()

return of income so filed was initially processed under section 143(1) of the Act. Subsequently, the assessing officer received information from the investigation wing that in course of search and seizure operations conducted in case of Shri Bhanwarlal Jain and his group concerns

ITO 8 (2)(1), Mumbai vs. Bhairav Steel Enterprises Pvt. Ltd., Mumbai

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

Bench: Shri M. Balaganesh, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.4126/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2009-10) Ito 8(2)(1) बिधम/ Bhairav Steel Enterprises Room No.259/A,2Nd Floor, Pvt. Ltd. Vs. Aayakar Bhavan, M. K. 10, Kanti Nagar, A/30, Road, Mumbai-400020. Rajgruhi, Behind J. B. Nagar, Andheri Kurla Road, Andheri (E), Mumbai- 400059. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacb9118K (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri Rajendra Joshi (Dr) Assessee By: Shri Rajiv Khandelwal सुनवाई की तारीख / Date Of Hearing: 03/12/2020 घोषणा की तारीख /Date Of Pronouncement: 01/03/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 25.03.2019 Passed By The Commissioner Of Income Tax (Appeals) -16, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2009- 10. 2. The Revenue Has Raised The Following Grounds: -

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

Shri. Vikram Vardhan, Mumbai vs. ITO 20(3)(5), Mumbai

In the result assessee's appeal is partly allowed

purchases of Rs.29,95,668/- from two parties considered to be hawala dealers. On the basis of information received from the Sales Tax Department (Investigation Wing of Income Tax Department, Mumbai) it was found that the appellant had obtained bogus purchase bills total amounting to Rs. 29,95,668/- from

Shri Manoj Kanhaiyalal Agarwal, Mumbai vs. ACIT Circle-17(2), Mumbai

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

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 5993/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2010-11) Manoj Kanhaiyalal Agarwal बिधम/ Acit, Circle-17(2) 100-104, D. G. Chambers, Room No.123A, Aayakar Vs. 2Nd Floor, Nanik Motwani Bhavan, Mumbai-400020. Marg, Fort, Mumbai- 400023. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabpa3100A (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri K. Shivaram (Ar) Revenue By: Shri Bharat Andhale (Dr) सुनवाई की तारीख / Date Of Hearing: 07/01/2021 घोषणा की तारीख /Date Of Pronouncement: 01/03/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 18.07.2018 Passed By The Commissioner Of Income Tax (Appeals)-28, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2010-11. 2. The Assessee Has Raised The Following Grounds: - “1. Reopening Is Bad In Law 1. The Learned Cit(A) Failed To Appreciate That The Notice U/S.148 Dtd.31/03/2016 Was Issued On The Basis Of Information Received From Investigation Wing, Ahmedabad, Thus There Was No Independent Application Of Mind By The A.O. It Is Simply Based On Borrowed Satisfaction Of Some

Learned CIT(A) failed to appreciate that the notice u/s.148 dtd.31/03/2016 was issued on the basis of information received from Investigation Wing, Ahmedabad, thus there was no independent application of mind by the A.O. It is simply based on borrowed satisfaction of some ITA. No.5993/Mum/2018 A.Y. 2010-11 other authority ... Code Modification) 3. The Learned CIT(A) erred in confirming the addition of Rs.21,65,635/- on the basis of information received from the Investigation Wing stating that the Assessee by using CCM facility indulged with entries to create fictitious profit and losses, and same was transfer to others, without

ITO Ward 15 (3)(1), Mumbai vs. M/S Titan Antony Aviation India Pvt Ltd., Mumbai

In the result, appeal is dismissed

Bench: Shri Saktijit Dey ()

assessee was initially processed under section 143(1) of the Act. Subsequently, the Assessing Officer received information from the Sales-tax department through the Investigation Wing that the assessee is a beneficiary of accommodation entry provided by way of bogus purchase bills worth Rs.4,87,675/-. In course of assessment

M/S Kanchan Ferromet, Mumbai vs. ITO 19 (2)(2), Mumbai

In the result, appeal is partly allowed

Bench: Shri Saktijit Dey ()

declaring total income of Rs.6,43,403/-. Subsequently, the Assessing Officer received information from the sales-tax department through the Investigation Wing of the department that purchases worth Rs.1,01,49,312/- claimed to have been made during the year from 12 parties are non genuine, as the concerned parties

M/S J P Stainless Steel, Mumbai vs. ITO Ward 19(2)(1), Mumbai

In the result, appeal is partly allowed

Bench: Shri Saktijit Dey ()

under I.T.A. No.4872/Mum/2019 2 section 143(1) of the Act. Subsequently, the assessing officer having received information from the Sales-Tax department through the Investigation Wing that purchases worth Rs.34,45,477/- claimed to have been made during the year from three parties are non genuine, reopened the assessment under

Messrs: Dynamic Metal House, Mumbai vs. ITO 17(1)(4), Mumbai

In the result, appeal is partly allowed

Bench: Shri Saktijit Dey ()

filed was initially processed under section 143(1) of the Act. Subsequently, the assessing officer received information from the Sales-tax department through the Investigation Wing that purchases worth Rs.97,33,680/- claimed to have been made during the year from fifteen parties are non genuine as the concerned parties

Super Forge Pvt Ltd., Mumbai vs. ITO Ward 14(3)(4), Mumbai

In the result, appeal is partly allowed

Bench: Shri Saktijit Dey ()

filed its return of income on 29-01-2011 declaring total income of Rs.1,52,444/-. On the basis of information received from the Investigation Wing of I.T.A. No.4842/Mum/2019 2 the department that the assessee is a beneficiary of hawala transactions through non genuine purchases, the assessing officer reopened ... have considered rival submissions and perused materials on record. Undisputedly, on the basis of information received from Sales-tax department through the Investigation Wing, the Assessing Officer found that certain purchases claimed to have been made by the assessee were non genuine. As it appears from the facts on record

DCIT CC 8(1), Mumbai vs. M/S Jainam Investments, Mumbai

In the result, appeals filed by the revenue are hereby dismissed

creditors. The relevant submissions made by the assessee are extracted below: "11. As informed earlier, all the loan creditors have been examined by _ the Investigation wing of the Income tax department and they have confirmed the transactions with our client. Ideally the appearance of the creditors before the Investigation wing ... against the appellant, which is summarized as under: a. Shri Bhanwarlal Jain, in whose case a search action was conducteq in 2013 by the Investigation Wing, had been found to be running q hawala racket through a clutch of benami concerns, run with the help of dummy Directors / Partners /Proprietors