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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

J Vinod Kumar(HUF), Chennai vs. ITO, Ncw-10(2), Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 3521/CHNY/2018[2014-15]Status: DisposedITAT Chennai01 Jan 2020AY 2014-15

Bench: Shri N.R.S. Ganesan & Shri S. Jayaramanआयकर अपील सं./I.T.A.No.3521/Chny/2018 ("नधा"रण वष" / Assessment Year: 2014-15) Vs The Income Tax Officer, M/S. J Vinod Kumar Huf No.91, Demellous Road, Non-Corporate Ward 10(2), Pattalam, Chennai - 34 Chennai – 600 012. Pan: Aaghj2432P (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri R. Padmanabhan, Ca ""यथ" क" ओर से/Respondent By : Shri Ar.V. Sreenivasan, Jcit सुनवाई क" तार"ख/Date Of Hearing : 20.11.2019 घोषणा क" तार"ख /Date Of Pronouncement : 01.01.2020 आदेश /O R D E R Per N.R.S. Ganesan: This Appeal Of The Assessee Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals)–12, Chennai Dated 19.11.2018 & Pertains To The Assessment Year 2014-15. 2. Shri R. Padmanabhan, The Ld. Representative For The Assessee, Submitted That The Assessee Claimed Exemption Under Section 10(38) Of The Income-Tax Act, 1961 (In Short 'The Act') In Respect Of Long Term

For Appellant: Shri R. Padmanabhan, CAFor Respondent: Shri AR.V. Sreenivasan, JCIT
Section 10(38)

assessee involved in inflating the shares of the company. Moreover, the copy of the investigation report said to be received from the Investigation Wing of the Department at Kolkata was not furnished to the assessee. On identical circumstances, this Tribunal in the case of Kanhaiyalal & Sons ... Representative also. Admittedly, the Assessing Officer disallowed the claim of the assessees on the basis of the information said to be received from the Investigation Wing of the Department at Kolkata with regard to investment made by the assessees in the penny stock company. It is not in dispute that

M/S. Aic Iron Industries Pvt. Ltd., Kolkata vs. Pr.CIT-1, Kolkata

Appeal is allowed

ITA 1332/KOL/2019[2014-15]Status: DisposedITAT Kolkata31 Dec 2019AY 2014-15

Bench: Shri S. S. Godara, Jm & Dr. A. L. Saini, Am आयकर अपीलसं./I.T.A No.1332/Kol/2019 ("नधा"रण वष" / Assessment Year: 2014-15) Aic Iron Industries Pvt. Ltd. Vs. Pcit-1, Kolkata 25, Ganesh Chandra Avenue, 4Th Floor, Kolkata – 700013. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccn0217F (Appellant) .. (Respondent) Appellant By : Shri Sunil Surana, Fca Respondent By : Shri Radhey Shyam, Cit सुनवाईक"तार"ख/ Date Of Hearing : 16/12/2019 घोषणाक"तार"ख/Date Of Pronouncement : 31/12/2019 आदेश / O R D E R Per Shri S. S. Godara: This Assessee’S Appeal For Assessment Year 2014-15 Arises Against The Principal Commissioner Of Income Tax (A), Kolkata Dated 12.03.2019 Involving Proceedings U/S 263 Of The Income Tax Act, 1961 (In Short ‘The Act’). Heard Both The Parties. Case File Perused. 2. Relevant Facts Involved In The Instant Lis Are In A Very Narrow Compass. The Assessing Officer Has Framed His Regular Assessment In Issue Dated 19.12.16 Disallowing Administrative Expenditure Of Rs.46,420/- Under Rule 8D(2)(Iii) R.W. Section 14A Of The Act. The Pcit Assumed His Revision Jurisdiction Terming The Above Regular Assessment As Erroneous Causing Prejudice To Interest Of The Revenue Since There Were ‘Large Specific Domestic Transactions” & The Assessing Officer Had Completed His Assessment Without Making Any Reference To The Tpo To Determine Arm’S Length Price Thereof. He Quotes Cbdt Instruction No.3/2016 Dated 10.03.16 Regarding Guidelines For Implementation Of Transfer Pricing

For Appellant: Shri Sunil Surana, FCAFor Respondent: Shri Radhey Shyam, CIT
Section 14ASection 263Section 40

findings regarding transfer pricing issues in respect of international transactions or specified domestic transactions or both have been recorded by the Investigation Wing or the AO." 28. From perusal of the above, it is noted that none of the conditions prescribed in these Paras necessitating mandatory reference to TPO were