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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

Nalanda Securities Pvt. Ltd., Mumbai vs. DCIT- 13(1)(1), Mumbai

The appeal stands partly allowed

ITA 2770/MUM/2018[2010-11]Status: DisposedITAT Mumbai14 Oct 2019AY 2010-11

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.2770/Mum/2018 (िनधा"रण वष" / Assessment Year:2010-11) Nalanda Securities Private Limited Dcit-13(1)(1) 9, 2Nd Floor, Roseland Building बनाम/ Income Tax Office, 2Nd Floor 108 Water Field Road, Bandra (W) Aaykar Bhavan, Churchgate Vs. Mumbai-400 050 Mumbai. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabcn 1045 Q (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Shri Rahul Hakani-Ld. Ar ""थ"कीओरसे/Respondent By : Shri K. Madhusudan – Ld. Cit-Dr सुनवाईकीतारीख/ : 03/10/2019 Date Of Hearing घोषणाकीतारीख / : 14/10/2019 Date Of Pronouncement आदेश / O R D E R

For Appellant: Shri Rahul Hakani-Ld. ARFor Respondent: Shri K. Madhusudan – Ld. CIT-DR
Section 143(3)Section 147Section 148

that the reassessment proceedings were validly initiated against the assessee since Ld. AO was clinched with tangible material in the shape of information from investigation wing which suggested possible escapement of income in the hands of the assessee. The Ld. AO, after appreciating the data supplied by investigation wing, reopened ... code modification was provided by the stock exchanges / SEBI with a view to rectify the human error. No nexus of the data obtained from investigation wing could be established with the transactions, if any, carried out by the assessee, with the said broker. Therefore, the allegations

DCIT, New Delhi vs. M/S. Landcraft Developers Pvt. Ltd., Delhi

In the result, the appeal filed by the revenue is allowed for statistical purpose

ITA 461/DEL/2016[2011-12]Status: DisposedITAT Delhi10 Oct 2019AY 2011-12

Bench: Sh. R. K. Panda & Sh. Kuldip Singhassessment Year: 2011-12 Dcit Landcraft Developers Pvt. Ltd., 309, 3Rd Floor, Plot Central Circle-18 Vs New Delhi No.13, Parmesh Corporate Towers Community Centre, Karkardooma, Delhi-110092 Pan No.Aabcl1391F (Appellant) (Respondent) Appellant By Ms. Nidhi Srivastava, Cit Dr Respondent By Sh. Raj Kumar, Ca Date Of Hearing: 15/07/2019 Date Of Pronouncement: 10/10/2019 Order Per R.K. Panda, Am: This Appeal Filed By The Revenue Is Directed Against The Order Dated 26.11.2015 Of The Cit(A)-29, New Delhi Relating To A. Y. 2011-12. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company & Filed Its Return Of Income On 30.09.2011 Declaring Total Income Of Rs.2,87,82,139/- (Wrongly Mentioned By The Ao As 15.10.2010). A Search & Seizure Operation U/S. 132 Of The It Act Was Carried Out On 23.08.2012 In M/S. Land Craft Group Of Cases. The Case Of The Assessee Was Also Covered U/S. 132 (1)

Section 132Section 153Section 68

source of source have also confirmed to have provided loans alongwith their credence such as PAN, ROI etc. The investigation made by investigation wing has also not come out with any adverse findings. Therefore, the onus on the appellant has been duly discharged to prove the creditworthiness and genuineness ... were issued to both the parties who had replied to the same. Further enquiry was conducted u/s. 131 /133 (6) directly by the Investigation Wing Delhi and Investigation Wing at Kanpur. During the course of assessment proceedings the Assessing Officer had also issued notice u/s. 133 (6) to M/s. Raffle