← All Phrases

“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

M/S. Ashwathi Para Boilers and Bulk Dryers, Hospet vs. Commissioner of Income Tax, Gulbarga

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

ITA 2171/BANG/2016[2011-12]Status: DisposedITAT Bangalore20 Apr 2018AY 2011-12

Bench: Shri Sunil Kumar Yadav & Shri Inturi Rama Raom/S.Ashwathi Para Boilers & Bulk Dryers, C/O Aswathi Apartment, Vivekanandnagar, Hospet. … Appellant Pan:Aatfa 9208L Vs. Asst. Commissioner Of Income-Tax, Circle 1, Bellary. … Respondent Appellant By : Shri T.Srinivasa, Ca. Respondent By : Shri B.R.Ramesh, Jcit(Dr) Date Of Hearing : 01/02/2018 Date Of Pronouncement : 20/04/2018 O R D E R Per Inturi Rama Rao, Am : This Is An Appeal Filed By The Assessee Directed Against The Order Of The Learned Commissioner Of Income-Tax (Appeals), Gulbarga (Kalburgi), [Cit(A)] Dated 30/09/2016 For The Assessment Year 2011-12. 2. The Assessee Raised The Following Grounds Of Appeal: Page 2 Of 6

For Appellant: Shri T.Srinivasa, CAFor Respondent: Shri B.R.Ramesh, JCIT(DR)
Section 132Section 143(3)Section 271BSection 44A

premises of the assessee u/s 132 of the Act on 25/10/2010. Consequent to search, books of account and other documents were impounded by the Investigation Wing of the Department. Copies of books of account were not furnished to the assessee despite request made by the assessee, consequently, there ... impugned order, confirmed the action of the AO on the ground that assessee had not made necessary efforts for getting books of account from Investigation Wing of the department and get the Page 4 of 6 books audited and no proof of having made request to furnish copies before

M/S. Span Foundation Pvt. Ltd., Kolkata vs. DCIT, Central Circle - 3(2), Kolkata

In the result, appeal of the assessee is allowed

ITA 2521/KOL/2017[2009-10]Status: DisposedITAT Kolkata18 Apr 2018AY 2009-10

Bench: Shri A. T Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं/.Ita No.2519/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Garg Brothers Pvt. Ltd. Vs. Dcit, Central Circle- 3(2), Kolkata 57, Burtolla Street, Aayakar Bhawan Poorva, 110, Kolkata – 700 007. Shantipally, Kolkata – 700 107. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aaacg 9775 F (Assessee) .. (Revenue) & आयकरअपीलसं/.Ita No.2520/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Cliff Treximpvt. Ltd. Vs. Dcit, Central Circle- 3(2), Kolkata 57, Burtolla Street, Aayakar Bhawan Poorva, 110, Kolkata – 700 007. Shantipally, Kolkata – 700 107. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aabcc 0961 E (Assessee) .. (Revenue) & आयकरअपीलसं/.Ita No.2521/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Span Foundation Pvt. Vs. Dcit, Central Circle- Ltd. 3(2), Kolkata Aayakar Bhawan Poorva, 110, 57, Burtolla Street, Shantipally, Kolkata – 700 107. Kolkata – 700 007. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aaecs 4605 C (Assessee) .. (Revenue)

For Appellant: Shri S.K. Tulsiyan, Advocate & Bhoomija Verma, ARFor Respondent: Shri G. Mallikarjuna, CIT(DR)
Section 263

raising share capital. The assessee also submitted before the Pr. CIT that except the statement of some of the alleged accommodation entry operators, the investigation wing does not have a single document under its possession to prove its allegation that the share capital raised by the assessee company is accommodation ... shares made by the above assessee amounting to Rs.10.40 crore. On 31.09.2009 is one of the transactions found as accommodation entry by the Investigation wing. The allottee companies were found to be bogus and non-existing. The statements of entry operators were also recorded during the search & seizure operation which

M/S. Cliff Trexim Pvt. Ltd., Kolkata vs. DCIT, Central Circle - 3(2), Kolkata

In the result, appeal of the assessee is allowed

ITA 2520/KOL/2017[2009-10]Status: DisposedITAT Kolkata18 Apr 2018AY 2009-10

Bench: Shri A. T Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं/.Ita No.2519/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Garg Brothers Pvt. Ltd. Vs. Dcit, Central Circle- 3(2), Kolkata 57, Burtolla Street, Aayakar Bhawan Poorva, 110, Kolkata – 700 007. Shantipally, Kolkata – 700 107. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aaacg 9775 F (Assessee) .. (Revenue) & आयकरअपीलसं/.Ita No.2520/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Cliff Treximpvt. Ltd. Vs. Dcit, Central Circle- 3(2), Kolkata 57, Burtolla Street, Aayakar Bhawan Poorva, 110, Kolkata – 700 007. Shantipally, Kolkata – 700 107. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aabcc 0961 E (Assessee) .. (Revenue) & आयकरअपीलसं/.Ita No.2521/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Span Foundation Pvt. Vs. Dcit, Central Circle- Ltd. 3(2), Kolkata Aayakar Bhawan Poorva, 110, 57, Burtolla Street, Shantipally, Kolkata – 700 107. Kolkata – 700 007. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aaecs 4605 C (Assessee) .. (Revenue)

For Appellant: Shri S.K. Tulsiyan, Advocate & Bhoomija Verma, ARFor Respondent: Shri G. Mallikarjuna, CIT(DR)
Section 263

raising share capital. The assessee also submitted before the Pr. CIT that except the statement of some of the alleged accommodation entry operators, the investigation wing does not have a single document under its possession to prove its allegation that the share capital raised by the assessee company is accommodation ... shares made by the above assessee amounting to Rs.10.40 crore. On 31.09.2009 is one of the transactions found as accommodation entry by the Investigation wing. The allottee companies were found to be bogus and non-existing. The statements of entry operators were also recorded during the search & seizure operation which

M/S. Garg Brothers Pvt. Ltd., Kolkata vs. DCIT, Central Circle - 3(2), Kolkata

In the result, appeal of the assessee is allowed

ITA 2519/KOL/2017[2009-10]Status: DisposedITAT Kolkata18 Apr 2018AY 2009-10

Bench: Shri A. T Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं/.Ita No.2519/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Garg Brothers Pvt. Ltd. Vs. Dcit, Central Circle- 3(2), Kolkata 57, Burtolla Street, Aayakar Bhawan Poorva, 110, Kolkata – 700 007. Shantipally, Kolkata – 700 107. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aaacg 9775 F (Assessee) .. (Revenue) & आयकरअपीलसं/.Ita No.2520/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Cliff Treximpvt. Ltd. Vs. Dcit, Central Circle- 3(2), Kolkata 57, Burtolla Street, Aayakar Bhawan Poorva, 110, Kolkata – 700 007. Shantipally, Kolkata – 700 107. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aabcc 0961 E (Assessee) .. (Revenue) & आयकरअपीलसं/.Ita No.2521/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) M/S. Span Foundation Pvt. Vs. Dcit, Central Circle- Ltd. 3(2), Kolkata Aayakar Bhawan Poorva, 110, 57, Burtolla Street, Shantipally, Kolkata – 700 107. Kolkata – 700 007. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No. : Aaecs 4605 C (Assessee) .. (Revenue)

For Appellant: Shri S.K. Tulsiyan, Advocate & Bhoomija Verma, ARFor Respondent: Shri G. Mallikarjuna, CIT(DR)
Section 263

raising share capital. The assessee also submitted before the Pr. CIT that except the statement of some of the alleged accommodation entry operators, the investigation wing does not have a single document under its possession to prove its allegation that the share capital raised by the assessee company is accommodation ... shares made by the above assessee amounting to Rs.10.40 crore. On 31.09.2009 is one of the transactions found as accommodation entry by the Investigation wing. The allottee companies were found to be bogus and non-existing. The statements of entry operators were also recorded during the search & seizure operation which

Jitendra M Kitavat, Mumbai vs. ITO 18(1)(5), Mumbai

In the result,appeals filed by the AO are rejected and the appeals of the assessee stand partly allowed

ITA 7049/MUM/2016[2009-10]Status: DisposedITAT Mumbai13 Apr 2018AY 2009-10

Bench: S/Shri Rajendra & Sandeep Gosainआयकर अपील अपील संसंसंसं./I.T.A./7049 & 7050/Mum/2016,िनधा"रण िनधा"रण वष" वष" /Ays: 2009-10 & 2007-08 आयकर आयकर आयकर अपील अपील िनधा"रण िनधा"रण वष" वष" Jitendra M. Kitavat Ito 18(1)(5) Prop. Of M/S. Jivraj Exports Mumbai. 61, Purnima Apartment Vs. 43, Ridge Road, Mumbai-400 006. Pan: Aabpk9960C (अपीलाथ" /Appellant) (""यथ" / Respondent) आयकर आयकर आयकर आयकर अपील संसंसंसं././././I.T.A./7099 & 7102/Mum/2016,िनधा"रण िनधा"रण वष" वष" /Ay.S: 2009-10 & 2007-08 अपील अपील अपील िनधा"रण िनधा"रण वष" वष" Ito 18(1)(5) Vs. Jitendra M. Kitavat Mumbai. Mumbai-400 006 (अपीलाथ" /Appellant) (""यथ" / Respondent) Revenue By: Shri Rajesh Kumar Yadav-Cit-Dr Assessee By: Shri Vimal Punmiya

For Appellant: Shri Vimal PunmiyaFor Respondent: Shri Rajesh Kumar Yadav-CIT-DR
Section 143(1)Section 148Section 254(1)Section 69

regarding search actions which were carried out in the cases of Bhanwarlal Jain Group and Rajendra Jain Group.As per the informa - tion of the investigation wing,Bhanwarlal Jain(BJ)and other persons associated with him as well as Rajendra Jain(RJ)and person of his group had admitted, under oath ... assessee submitted that the Ld.CIT(A) agrees with the fact that the AO has merely relied upon the statement recorded by the Investigation wing and in-depth investigation was not carried out to the extent required. The Ld.CIT(A) ought to have made the investigation either

Sri Gautam Kumar Pincha, Kolkata vs. ITO, Ward 34(4), Kolkata

In the result, the appeal of the assessee is allowed

ITA 2302/KOL/2017[2011-12]Status: DisposedITAT Kolkata11 Apr 2018AY 2011-12

Bench: Shri P.M. Jagtap, Am] I.T.A. No. 2302/Kol/2017 Assessment Year: 2011-12 Shri Gautam Kumar Pincha................................……………………………………………Appellant Room No. 604, 6Th Floor, 19, Synagogue Street, Kolkata – 700 001. [Pan: Akgpp 6211 L] I.T.O. Ward 34(4) Kolkata,...................……………………………………………............Respondent Aayakar Bhawan, Poorva, 110, Shantipally, Kolkata – 700 107. Appearances By: Shri Miraj D Shah, Ar Appearing On Behalf Of The Assessee. Shri P.K. Mandal, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 19, 2018 Date Of Pronouncing The Order : April 11, 2018

Section 148

information and factual finding that certain information was received by the Ld. A.O. and this ws absolutely authentic based on statements recorded by the Investigation Wing during search and seizure operation of the Sanjay Choudhury Group, Mumbai. b. The appellant has not been able to counter in any manner ... assessee to establish the genuineness of the purchases in question and treated the same as bogus by relying on the information received from the Investigation Wing without verifying the claim of the assessee independently. By relying on the decision of Division Bench of this Tribunal in the case of Manoj

ITO 18(1)(5), Mumbai vs. Jitendra Madanlal Kitawat (HUF), Mumbai

In the result,appeal filed by the AO is rejected and the appeal of the assessee is partly allowed

ITA 7100/MUM/2016[2007-08]Status: DisposedITAT Mumbai11 Apr 2018AY 2007-08

Bench: S/Shri Rajendra & Sandeep Gosainआयकर अपील अपील संसंसंसं./I.T.A./7047/Mum/2016,िनधा"रण िनधा"रण वष" वष" /Assessment Year: 2007-08 आयकर आयकर आयकर अपील अपील िनधा"रण िनधा"रण वष" वष" Jitendra M. Kitavat (Huf) Ito 18(1)(5) Prop. Of M/S. Jivraj Exports Mumbai. 61, Purnima Apartment Vs. 43, Ridge Road, Mumbai-400 006. Pan:Assesseebpk 9960 C (अपीलाथ" /Appellant) (""यथ" / Respondent) आयकर आयकर अपील अपील संसंसंसं./I.T.A./7100/Mum/2016,िनधा"रण िनधा"रण वष" वष" /Assessment Year: 2007-08 आयकर आयकर अपील अपील िनधा"रण िनधा"रण वष" वष" Ito 18(1)(5) Vs. Jitendra M. Kitavat(Huf) Mumbai. Mumbai-400 006 (अपीलाथ" /Appellant) (""यथ" / Respondent) Revenue By: Shri Rajesh Kumar Yadav-Cit-Dr Assessee By: Shri Vimal Punmiya

For Appellant: Shri Vimal PunmiyaFor Respondent: Shri Rajesh Kumar Yadav-CIT-DR
Section 143(1)Section 143(3)Section 148Section 254(1)Section 69

assessee submitted that the Ld.CIT(A) agrees with the fact that the AO has merely relied upon the statement recorded by the Investigation wing and in-depth investigation was not carried out to the extent required. The Ld.CIT(A) ought to have made the investigation either ... treat the entire purchases made from it as bogus or non-genuine. The Assessing Officer has primarily relied on the conclusions drawn by the Investigation Wing on the basis of the statement given before the Income tax authorities and heavy reliance on such statement to treat entire purchases made from