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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

The Deputy Commissioner of Income Tax, Central Circle-1, Gutnur vs. Arunachalam Manickvel, Gutnur

In the result, appeal of the revenue for the A

ITA 207/VIZ/2020[2016-17]Status: DisposedITAT Visakhapatnam23 Dec 2020AY 2016-17

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singhआयकर अपीलसं./I.T.A.No.202/Viz/2020 To 207/Viz/2020 (ननधधारण वर्ा/Assessment Year:2011-12 To 2016-17) Dy.Commissioner Of Vs. Sri Arunachalam Manickavel Income Tax Prop : M/S Bharathi Soap Works Central Circle-1 11/25, Amaravathi Road Guntur Gorantla, Guntur [Pan :Acfpa3107K] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri D.K.Sonowal, Cit Dr प्रत्यधथी की ओर से / Respondent By : Shri M.V.Prasad, Ar. सुनवधई की तधरीख / Date Of Hearing : 25.11.2020 घोर्णध की तधरीख/Date Of Pronouncement : 23.12.2020 आदेश /O R D E R Per Bench :

For Appellant: Shri D.K.Sonowal, CIT DRFor Respondent: Shri M.V.Prasad, AR
Section 132Section 132(4)

supplier of raw material i.e acid slurry were also covered u/s 132 / 133A of the Act. During the course of search, Income Tax Department Investigation wing (in short ‘department/investigation wing’) noticed that the company is indulging in under invoicing of sales by billing the sale price at lower rate than ... Pondicherry (in short ‘Mahaveer’) who deals in acid slurry and supplies to the assessee. During the course of survey, it was noticed by investigation wing that the assessee is indulging in unaccounted purchase of acid slurry which is used in manufacturing of detergent powder and detergent cakes. During the course

The Deputy Commissioner of Income Tax, Central Circle-1, Gutnur vs. Arunachalam Manickvel, Gutnur

In the result, appeal of the revenue for the A

ITA 206/VIZ/2020[2015-16]Status: DisposedITAT Visakhapatnam23 Dec 2020AY 2015-16

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singhआयकर अपीलसं./I.T.A.No.202/Viz/2020 To 207/Viz/2020 (ननधधारण वर्ा/Assessment Year:2011-12 To 2016-17) Dy.Commissioner Of Vs. Sri Arunachalam Manickavel Income Tax Prop : M/S Bharathi Soap Works Central Circle-1 11/25, Amaravathi Road Guntur Gorantla, Guntur [Pan :Acfpa3107K] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri D.K.Sonowal, Cit Dr प्रत्यधथी की ओर से / Respondent By : Shri M.V.Prasad, Ar. सुनवधई की तधरीख / Date Of Hearing : 25.11.2020 घोर्णध की तधरीख/Date Of Pronouncement : 23.12.2020 आदेश /O R D E R Per Bench :

For Appellant: Shri D.K.Sonowal, CIT DRFor Respondent: Shri M.V.Prasad, AR
Section 132Section 132(4)

supplier of raw material i.e acid slurry were also covered u/s 132 / 133A of the Act. During the course of search, Income Tax Department Investigation wing (in short ‘department/investigation wing’) noticed that the company is indulging in under invoicing of sales by billing the sale price at lower rate than ... Pondicherry (in short ‘Mahaveer’) who deals in acid slurry and supplies to the assessee. During the course of survey, it was noticed by investigation wing that the assessee is indulging in unaccounted purchase of acid slurry which is used in manufacturing of detergent powder and detergent cakes. During the course

The Deputy Commissioner of Income Tax, Central Circle-1, Guntur vs. Arunachalam Manickvel, Gutnur

In the result, appeal of the revenue for the A

ITA 205/VIZ/2020[2014-15]Status: DisposedITAT Visakhapatnam23 Dec 2020AY 2014-15

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singhआयकर अपीलसं./I.T.A.No.202/Viz/2020 To 207/Viz/2020 (ननधधारण वर्ा/Assessment Year:2011-12 To 2016-17) Dy.Commissioner Of Vs. Sri Arunachalam Manickavel Income Tax Prop : M/S Bharathi Soap Works Central Circle-1 11/25, Amaravathi Road Guntur Gorantla, Guntur [Pan :Acfpa3107K] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri D.K.Sonowal, Cit Dr प्रत्यधथी की ओर से / Respondent By : Shri M.V.Prasad, Ar. सुनवधई की तधरीख / Date Of Hearing : 25.11.2020 घोर्णध की तधरीख/Date Of Pronouncement : 23.12.2020 आदेश /O R D E R Per Bench :

For Appellant: Shri D.K.Sonowal, CIT DRFor Respondent: Shri M.V.Prasad, AR
Section 132Section 132(4)

supplier of raw material i.e acid slurry were also covered u/s 132 / 133A of the Act. During the course of search, Income Tax Department Investigation wing (in short ‘department/investigation wing’) noticed that the company is indulging in under invoicing of sales by billing the sale price at lower rate than ... Pondicherry (in short ‘Mahaveer’) who deals in acid slurry and supplies to the assessee. During the course of survey, it was noticed by investigation wing that the assessee is indulging in unaccounted purchase of acid slurry which is used in manufacturing of detergent powder and detergent cakes. During the course

The Deputy Commissioner of Income Tax, Central Circle-1, Gutnur vs. Arunachalam Manickvel, Gutnur

In the result, appeal of the revenue for the A

ITA 204/VIZ/2020[2013-14]Status: DisposedITAT Visakhapatnam23 Dec 2020AY 2013-14

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singhआयकर अपीलसं./I.T.A.No.202/Viz/2020 To 207/Viz/2020 (ननधधारण वर्ा/Assessment Year:2011-12 To 2016-17) Dy.Commissioner Of Vs. Sri Arunachalam Manickavel Income Tax Prop : M/S Bharathi Soap Works Central Circle-1 11/25, Amaravathi Road Guntur Gorantla, Guntur [Pan :Acfpa3107K] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri D.K.Sonowal, Cit Dr प्रत्यधथी की ओर से / Respondent By : Shri M.V.Prasad, Ar. सुनवधई की तधरीख / Date Of Hearing : 25.11.2020 घोर्णध की तधरीख/Date Of Pronouncement : 23.12.2020 आदेश /O R D E R Per Bench :

For Appellant: Shri D.K.Sonowal, CIT DRFor Respondent: Shri M.V.Prasad, AR
Section 132Section 132(4)

supplier of raw material i.e acid slurry were also covered u/s 132 / 133A of the Act. During the course of search, Income Tax Department Investigation wing (in short ‘department/investigation wing’) noticed that the company is indulging in under invoicing of sales by billing the sale price at lower rate than ... Pondicherry (in short ‘Mahaveer’) who deals in acid slurry and supplies to the assessee. During the course of survey, it was noticed by investigation wing that the assessee is indulging in unaccounted purchase of acid slurry which is used in manufacturing of detergent powder and detergent cakes. During the course

The Deputy Commissioner of Income Tax, Central Circle-1, Gutnur vs. Arunachalam Manickvel, Gutnur

In the result, appeal of the revenue for the A

ITA 203/VIZ/2020[2012-13]Status: DisposedITAT Visakhapatnam23 Dec 2020AY 2012-13

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singhआयकर अपीलसं./I.T.A.No.202/Viz/2020 To 207/Viz/2020 (ननधधारण वर्ा/Assessment Year:2011-12 To 2016-17) Dy.Commissioner Of Vs. Sri Arunachalam Manickavel Income Tax Prop : M/S Bharathi Soap Works Central Circle-1 11/25, Amaravathi Road Guntur Gorantla, Guntur [Pan :Acfpa3107K] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri D.K.Sonowal, Cit Dr प्रत्यधथी की ओर से / Respondent By : Shri M.V.Prasad, Ar. सुनवधई की तधरीख / Date Of Hearing : 25.11.2020 घोर्णध की तधरीख/Date Of Pronouncement : 23.12.2020 आदेश /O R D E R Per Bench :

For Appellant: Shri D.K.Sonowal, CIT DRFor Respondent: Shri M.V.Prasad, AR
Section 132Section 132(4)

supplier of raw material i.e acid slurry were also covered u/s 132 / 133A of the Act. During the course of search, Income Tax Department Investigation wing (in short ‘department/investigation wing’) noticed that the company is indulging in under invoicing of sales by billing the sale price at lower rate than ... Pondicherry (in short ‘Mahaveer’) who deals in acid slurry and supplies to the assessee. During the course of survey, it was noticed by investigation wing that the assessee is indulging in unaccounted purchase of acid slurry which is used in manufacturing of detergent powder and detergent cakes. During the course

The Deputy Commissioner of Income Tax, Central Circle-1, Guntur vs. Arunachalam Manickvel, Gutnur

In the result, appeal of the revenue for the A

ITA 202/VIZ/2020[2011-12]Status: DisposedITAT Visakhapatnam23 Dec 2020AY 2011-12

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singhआयकर अपीलसं./I.T.A.No.202/Viz/2020 To 207/Viz/2020 (ननधधारण वर्ा/Assessment Year:2011-12 To 2016-17) Dy.Commissioner Of Vs. Sri Arunachalam Manickavel Income Tax Prop : M/S Bharathi Soap Works Central Circle-1 11/25, Amaravathi Road Guntur Gorantla, Guntur [Pan :Acfpa3107K] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri D.K.Sonowal, Cit Dr प्रत्यधथी की ओर से / Respondent By : Shri M.V.Prasad, Ar. सुनवधई की तधरीख / Date Of Hearing : 25.11.2020 घोर्णध की तधरीख/Date Of Pronouncement : 23.12.2020 आदेश /O R D E R Per Bench :

For Appellant: Shri D.K.Sonowal, CIT DRFor Respondent: Shri M.V.Prasad, AR
Section 132Section 132(4)

supplier of raw material i.e acid slurry were also covered u/s 132 / 133A of the Act. During the course of search, Income Tax Department Investigation wing (in short ‘department/investigation wing’) noticed that the company is indulging in under invoicing of sales by billing the sale price at lower rate than ... Pondicherry (in short ‘Mahaveer’) who deals in acid slurry and supplies to the assessee. During the course of survey, it was noticed by investigation wing that the assessee is indulging in unaccounted purchase of acid slurry which is used in manufacturing of detergent powder and detergent cakes. During the course

The Deputy Commissioner of Income Tax, Central Circle-1, Guntur vs. Bharathi Consumer Care Products Private Limited, Guntur

In the result, appeals of the revenue for the A

ITA 201/VIZ/2020[2017-18]Status: DisposedITAT Visakhapatnam23 Dec 2020AY 2017-18

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपीलसं./I.T.A.No.197/Viz/2020 To 201/Viz/2020 (ननधधारण वर्ा/Assessment Year:2013-14 To 2017-18) Dy.Commissioner Of Vs. M/S Bharathi Consumer Care Income Tax Products Pvt. Ltd., Central Circle-1 11/25, Amaravathi Road, Guntur Gorantla, Guntur [Pan : Aadcb9107B] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri D.K.Sonowal, Cit Dr प्रत्यधथी की ओर से / Respondent By : Shri M.V.Prasad, Ar सुनवधई की तधरीख / Date Of Hearing : 25.11.2020 घोर्णध की तधरीख/Date Of Pronouncement : 23.12.2020 आदेश /O R D E R Per Bench : These Appeals Are Filed By The Revenue Against The Orders Of The Commissioner Of Income Tax (Appeals)-3, Visakhapatnam In Appeal Nos.314 To 318 /2019-20/Cit(A)-3/Vsp/2020-21 Dated 31.07.2020 For The Assessment Year (A.Y.)2013-14 To 2017-18. The Appeals Are Filed By The Revenue With The Delay Of 3 Days Along With Condonation Petition Stating Administrative Reasons & Requested To Condone The Delay.

For Appellant: Shri D.K.Sonowal, CIT DRFor Respondent: Shri M.V.Prasad, AR
Section 132(4)Section 143(3)Section 153A

distributors and suppliers of raw material were also covered u/s 132 / 133A of the Act. During the course of search, Income Tax Department, Investigation wing (in short ‘department / investigation wing’) noticed that the company is indulging in under invoicing of sales by billing the sale price at lower rate than ... concern regularly without giving sufficient intervals. Thus argued that the assessee has not applied mind and simply signed the statement whatever recorded by the investigation wing. Thus argued that admissions made in the statement recorded u/s 132(4) is invalid and cannot be taken at it’s face value without

The Deputy Commissioner of Income Tax, Central Circle, Guntur vs. Bharathi Consumer Care Products Private Limited, Guntur

In the result, appeals of the revenue for the A

ITA 200/VIZ/2020[2016-17]Status: DisposedITAT Visakhapatnam23 Dec 2020AY 2016-17

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपीलसं./I.T.A.No.197/Viz/2020 To 201/Viz/2020 (ननधधारण वर्ा/Assessment Year:2013-14 To 2017-18) Dy.Commissioner Of Vs. M/S Bharathi Consumer Care Income Tax Products Pvt. Ltd., Central Circle-1 11/25, Amaravathi Road, Guntur Gorantla, Guntur [Pan : Aadcb9107B] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri D.K.Sonowal, Cit Dr प्रत्यधथी की ओर से / Respondent By : Shri M.V.Prasad, Ar सुनवधई की तधरीख / Date Of Hearing : 25.11.2020 घोर्णध की तधरीख/Date Of Pronouncement : 23.12.2020 आदेश /O R D E R Per Bench : These Appeals Are Filed By The Revenue Against The Orders Of The Commissioner Of Income Tax (Appeals)-3, Visakhapatnam In Appeal Nos.314 To 318 /2019-20/Cit(A)-3/Vsp/2020-21 Dated 31.07.2020 For The Assessment Year (A.Y.)2013-14 To 2017-18. The Appeals Are Filed By The Revenue With The Delay Of 3 Days Along With Condonation Petition Stating Administrative Reasons & Requested To Condone The Delay.

For Appellant: Shri D.K.Sonowal, CIT DRFor Respondent: Shri M.V.Prasad, AR
Section 132(4)Section 143(3)Section 153A

distributors and suppliers of raw material were also covered u/s 132 / 133A of the Act. During the course of search, Income Tax Department, Investigation wing (in short ‘department / investigation wing’) noticed that the company is indulging in under invoicing of sales by billing the sale price at lower rate than ... concern regularly without giving sufficient intervals. Thus argued that the assessee has not applied mind and simply signed the statement whatever recorded by the investigation wing. Thus argued that admissions made in the statement recorded u/s 132(4) is invalid and cannot be taken at it’s face value without

The Deputy Commissioner of Income Tax, Central Circle, Guntur vs. Bharathi Consumer Care Products Private Limited, Guntur

In the result, appeals of the revenue for the A

ITA 199/VIZ/2020[2015-16]Status: DisposedITAT Visakhapatnam23 Dec 2020AY 2015-16

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपीलसं./I.T.A.No.197/Viz/2020 To 201/Viz/2020 (ननधधारण वर्ा/Assessment Year:2013-14 To 2017-18) Dy.Commissioner Of Vs. M/S Bharathi Consumer Care Income Tax Products Pvt. Ltd., Central Circle-1 11/25, Amaravathi Road, Guntur Gorantla, Guntur [Pan : Aadcb9107B] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri D.K.Sonowal, Cit Dr प्रत्यधथी की ओर से / Respondent By : Shri M.V.Prasad, Ar सुनवधई की तधरीख / Date Of Hearing : 25.11.2020 घोर्णध की तधरीख/Date Of Pronouncement : 23.12.2020 आदेश /O R D E R Per Bench : These Appeals Are Filed By The Revenue Against The Orders Of The Commissioner Of Income Tax (Appeals)-3, Visakhapatnam In Appeal Nos.314 To 318 /2019-20/Cit(A)-3/Vsp/2020-21 Dated 31.07.2020 For The Assessment Year (A.Y.)2013-14 To 2017-18. The Appeals Are Filed By The Revenue With The Delay Of 3 Days Along With Condonation Petition Stating Administrative Reasons & Requested To Condone The Delay.

For Appellant: Shri D.K.Sonowal, CIT DRFor Respondent: Shri M.V.Prasad, AR
Section 132(4)Section 143(3)Section 153A

distributors and suppliers of raw material were also covered u/s 132 / 133A of the Act. During the course of search, Income Tax Department, Investigation wing (in short ‘department / investigation wing’) noticed that the company is indulging in under invoicing of sales by billing the sale price at lower rate than ... concern regularly without giving sufficient intervals. Thus argued that the assessee has not applied mind and simply signed the statement whatever recorded by the investigation wing. Thus argued that admissions made in the statement recorded u/s 132(4) is invalid and cannot be taken at it’s face value without

The Deputy Commissioner of Income Tax, Central Circle, Guntur vs. Bharathi Consumer Care Products Private Limited, Guntur

In the result, appeals of the revenue for the A

ITA 198/VIZ/2020[2014-15]Status: DisposedITAT Visakhapatnam23 Dec 2020AY 2014-15

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपीलसं./I.T.A.No.197/Viz/2020 To 201/Viz/2020 (ननधधारण वर्ा/Assessment Year:2013-14 To 2017-18) Dy.Commissioner Of Vs. M/S Bharathi Consumer Care Income Tax Products Pvt. Ltd., Central Circle-1 11/25, Amaravathi Road, Guntur Gorantla, Guntur [Pan : Aadcb9107B] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri D.K.Sonowal, Cit Dr प्रत्यधथी की ओर से / Respondent By : Shri M.V.Prasad, Ar सुनवधई की तधरीख / Date Of Hearing : 25.11.2020 घोर्णध की तधरीख/Date Of Pronouncement : 23.12.2020 आदेश /O R D E R Per Bench : These Appeals Are Filed By The Revenue Against The Orders Of The Commissioner Of Income Tax (Appeals)-3, Visakhapatnam In Appeal Nos.314 To 318 /2019-20/Cit(A)-3/Vsp/2020-21 Dated 31.07.2020 For The Assessment Year (A.Y.)2013-14 To 2017-18. The Appeals Are Filed By The Revenue With The Delay Of 3 Days Along With Condonation Petition Stating Administrative Reasons & Requested To Condone The Delay.

For Appellant: Shri D.K.Sonowal, CIT DRFor Respondent: Shri M.V.Prasad, AR
Section 132(4)Section 143(3)Section 153A

distributors and suppliers of raw material were also covered u/s 132 / 133A of the Act. During the course of search, Income Tax Department, Investigation wing (in short ‘department / investigation wing’) noticed that the company is indulging in under invoicing of sales by billing the sale price at lower rate than ... concern regularly without giving sufficient intervals. Thus argued that the assessee has not applied mind and simply signed the statement whatever recorded by the investigation wing. Thus argued that admissions made in the statement recorded u/s 132(4) is invalid and cannot be taken at it’s face value without

The Deputy Commissioner of Income Tax, Central Circle-1, Guntur vs. Bharathi Consumer Care Products Private Limited, Guntur

In the result, appeals of the revenue for the A

ITA 197/VIZ/2020[2013-14]Status: DisposedITAT Visakhapatnam23 Dec 2020AY 2013-14

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपीलसं./I.T.A.No.197/Viz/2020 To 201/Viz/2020 (ननधधारण वर्ा/Assessment Year:2013-14 To 2017-18) Dy.Commissioner Of Vs. M/S Bharathi Consumer Care Income Tax Products Pvt. Ltd., Central Circle-1 11/25, Amaravathi Road, Guntur Gorantla, Guntur [Pan : Aadcb9107B] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri D.K.Sonowal, Cit Dr प्रत्यधथी की ओर से / Respondent By : Shri M.V.Prasad, Ar सुनवधई की तधरीख / Date Of Hearing : 25.11.2020 घोर्णध की तधरीख/Date Of Pronouncement : 23.12.2020 आदेश /O R D E R Per Bench : These Appeals Are Filed By The Revenue Against The Orders Of The Commissioner Of Income Tax (Appeals)-3, Visakhapatnam In Appeal Nos.314 To 318 /2019-20/Cit(A)-3/Vsp/2020-21 Dated 31.07.2020 For The Assessment Year (A.Y.)2013-14 To 2017-18. The Appeals Are Filed By The Revenue With The Delay Of 3 Days Along With Condonation Petition Stating Administrative Reasons & Requested To Condone The Delay.

For Appellant: Shri D.K.Sonowal, CIT DRFor Respondent: Shri M.V.Prasad, AR
Section 132(4)Section 143(3)Section 153A

distributors and suppliers of raw material were also covered u/s 132 / 133A of the Act. During the course of search, Income Tax Department, Investigation wing (in short ‘department / investigation wing’) noticed that the company is indulging in under invoicing of sales by billing the sale price at lower rate than ... concern regularly without giving sufficient intervals. Thus argued that the assessee has not applied mind and simply signed the statement whatever recorded by the investigation wing. Thus argued that admissions made in the statement recorded u/s 132(4) is invalid and cannot be taken at it’s face value without

Rbj Infratech P.Ltd, New Delhi vs. ITO, Ward-20(3), New Delhi

In the result, the appeal of the assessee is allowed

ITA 3152/DEL/2018[2009-10]Status: DisposedITAT Delhi22 Dec 2020AY 2009-10

Bench: Sh. Amit Shukladr. B. R. R. Kumar(Through Video Conferencing) Ita No. 3152/Del/2018 : Asstt. Year : 2009-10 M/S Rbj Infratech Pvt. Ltd., Vs Income Tax Officer, B-14/C, First Floor, Freedom Fighters Ward-20(3), Enclave, Neb Sarai, New Delhi New Delhi-110068 & Rajesh Jain & Associates, 49, Pushpanjali, Vikas Marg Extn. Delhi-110092 (Appellant) (Respondent) Pan No. Aaecr0664G Assessee By : Sh. Rajesh Jain, Ca Revenue By : Sh. Ramesh Singh, Sr. Dr Date Of Hearing: 06.11.2020 Date Of Pronouncement: 22.12.2020

For Appellant: Sh. Rajesh Jain, CAFor Respondent: Sh. Ramesh Singh, Sr. DR
Section 132(1)Section 143(2)Section 147Section 148Section 151Section 153C

proceedings u/s- 147 of the Act initiated by the learned A.O. is illegal as the same has been initiated mechanically simply following communication from Investigation Wing, without independently applying his mind on the facts, and consequently, the Assessment Order is totally illegal and hence liable to be quashed. 2. That ... case are that the assessee filed return of income on 25.09.2009 declaring total income of Rs.920/-. 8. Based on the information received from Investigation Wing vide letter dated F.No. DIT(Inv.)-2/u/s 148/20.12-13/194 dated 12.03.2013 that the assessee has received share capital from the dummy companies floated by persons

Thakur Buildcon (P) Ltd., Rajsamand vs. ITO, Ward-1, Rajsamand

Appeal stands dismissed whereas the assessee’s ground stands partly allowed

ITA 345/JODH/2019[2009-10]Status: DisposedITAT Jodhpur21 Dec 2020AY 2009-10

Bench: Hon’Ble Shri Sandeep Gosain, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील सं./ Ita No.345/Jodh/2019 ("नधा"रणवष" / Assessment Year: 2009-10) Thakur Buildcon (P) Ltd. Income Tax Officer-Ward-1 C/O. Rajendra Jain Advocate Rajsamand बनाम/ 106, Akshay Deep Complex, Rajasthan-313 324. Vs. 5Th B Road, Sardarpura Jodhpur, Rajasthan-342 001. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aacct-7930-M (अपीलाथ"/Appellant) (""यथ" / Respondent) : & आयकरअपील सं./ Ita No.346/Jodh/2019 ("नधा"रणवष" / Assessment Year: 2009-10) Income Tax Officer-Ward-1 Thakur Buildcon (P) Ltd. बनाम/ Rajsamand Thakurgarh N.H. 8 Rajasthan-313 324. Sevali, Rajsamand Vs. Rajasthan-313 324. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aacct-7930-M (अपीलाथ"/Appellant) (""यथ" / Respondent) :

For Appellant: Shri Rajendra Jain (Advocate) &For Respondent: Shri A.S. Yadav - Ld. Sr. DR
Section 143(1)Section 143(3)Section 147Section 148Section 69

with no success since Ld. CIT(A) opined that reassessment notice issued by Ld. AO on the basis of information received from investigation wing of the department, was a valid one. 5.2 On merits, the assessee, inter-alia, maintained that all sales were fully vouched which were accepted by revenue