← 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

DCIT 3(3)(1), Mumbai vs. Reliance General Insurance Company Ltd, Mumbai

The appeal of the revenue is dismissed in terms of our aforesaid observations

ITA 7249/MUM/2016[2007-08]Status: DisposedITAT Mumbai16 Mar 2018AY 2007-08

Bench: Shri Rajendra, Am & Shri Ravish Sood, Jm Ita Nos. 7245 To 7249/Mum/2016 (निर्धारण वषा / Assessment Year:2007-08 To 2011-12) Dcit-3(3)(1), M/S Reliance General Room No.609, 6Th Floor, Insurance Company Ltd. बिधम/ Aayakar Bhavan, M.K. Road 570, Rectifier House, Naigum Mumbai-400 020 Cross Road, Next To Royal Vs. Industrial Estate, Mumbai-400 031 स्थामी रेखा सं./ जीआइआय सं./ Pan No. Aabcr6747B (अऩीराथी /Revenue) (प्रत्मथी / Assessee) :

For Appellant: Shri Jitendra Sanghvi, A.RFor Respondent: Shri M.V. Rajguru, D.R
Section 115JSection 143(2)Section 147Section 148Section 271(1)(c)

assessee company. The A.O after deliberating on the aforesaid information and the documents received/information contained in the documents forwarded by the investigation wing, held a conviction that the income of the assessee for the year under consideration had escaped assessment within the meaning ... respect of the veracity of the transactions were liable to be drawn in its hands on the basis of the unsubstantiated report of the investigation wing of the department. However, the A.O not impressed with the contention of the assessee, observed that as Mr. Praveen Agarwal had categorically admitted

DCIT 3(3)(1), Mumbai vs. Reliance General Insurance Company Ltd, Mumbai

The appeal of the revenue is dismissed in terms of our aforesaid observations

ITA 7248/MUM/2016[2008-09]Status: DisposedITAT Mumbai16 Mar 2018AY 2008-09

Bench: Shri Rajendra, Am & Shri Ravish Sood, Jm Ita Nos. 7245 To 7249/Mum/2016 (निर्धारण वषा / Assessment Year:2007-08 To 2011-12) Dcit-3(3)(1), M/S Reliance General Room No.609, 6Th Floor, Insurance Company Ltd. बिधम/ Aayakar Bhavan, M.K. Road 570, Rectifier House, Naigum Mumbai-400 020 Cross Road, Next To Royal Vs. Industrial Estate, Mumbai-400 031 स्थामी रेखा सं./ जीआइआय सं./ Pan No. Aabcr6747B (अऩीराथी /Revenue) (प्रत्मथी / Assessee) :

For Appellant: Shri Jitendra Sanghvi, A.RFor Respondent: Shri M.V. Rajguru, D.R
Section 115JSection 143(2)Section 147Section 148Section 271(1)(c)

assessee company. The A.O after deliberating on the aforesaid information and the documents received/information contained in the documents forwarded by the investigation wing, held a conviction that the income of the assessee for the year under consideration had escaped assessment within the meaning ... respect of the veracity of the transactions were liable to be drawn in its hands on the basis of the unsubstantiated report of the investigation wing of the department. However, the A.O not impressed with the contention of the assessee, observed that as Mr. Praveen Agarwal had categorically admitted

DCIT 3(3)(1), Mumbai vs. Reliance General Insurance Company Ltd, Mumbai

The appeal of the revenue is dismissed in terms of our aforesaid observations

ITA 7247/MUM/2016[2009-10]Status: DisposedITAT Mumbai16 Mar 2018AY 2009-10

Bench: Shri Rajendra, Am & Shri Ravish Sood, Jm Ita Nos. 7245 To 7249/Mum/2016 (निर्धारण वषा / Assessment Year:2007-08 To 2011-12) Dcit-3(3)(1), M/S Reliance General Room No.609, 6Th Floor, Insurance Company Ltd. बिधम/ Aayakar Bhavan, M.K. Road 570, Rectifier House, Naigum Mumbai-400 020 Cross Road, Next To Royal Vs. Industrial Estate, Mumbai-400 031 स्थामी रेखा सं./ जीआइआय सं./ Pan No. Aabcr6747B (अऩीराथी /Revenue) (प्रत्मथी / Assessee) :

For Appellant: Shri Jitendra Sanghvi, A.RFor Respondent: Shri M.V. Rajguru, D.R
Section 115JSection 143(2)Section 147Section 148Section 271(1)(c)

assessee company. The A.O after deliberating on the aforesaid information and the documents received/information contained in the documents forwarded by the investigation wing, held a conviction that the income of the assessee for the year under consideration had escaped assessment within the meaning ... respect of the veracity of the transactions were liable to be drawn in its hands on the basis of the unsubstantiated report of the investigation wing of the department. However, the A.O not impressed with the contention of the assessee, observed that as Mr. Praveen Agarwal had categorically admitted

DCIT 3(3)(1), Mumbai vs. Reliance General Insurance Company Ltd, Mumbai

The appeal of the revenue is dismissed in terms of our aforesaid observations

ITA 7246/MUM/2016[2010-11]Status: DisposedITAT Mumbai16 Mar 2018AY 2010-11

Bench: Shri Rajendra, Am & Shri Ravish Sood, Jm Ita Nos. 7245 To 7249/Mum/2016 (निर्धारण वषा / Assessment Year:2007-08 To 2011-12) Dcit-3(3)(1), M/S Reliance General Room No.609, 6Th Floor, Insurance Company Ltd. बिधम/ Aayakar Bhavan, M.K. Road 570, Rectifier House, Naigum Mumbai-400 020 Cross Road, Next To Royal Vs. Industrial Estate, Mumbai-400 031 स्थामी रेखा सं./ जीआइआय सं./ Pan No. Aabcr6747B (अऩीराथी /Revenue) (प्रत्मथी / Assessee) :

For Appellant: Shri Jitendra Sanghvi, A.RFor Respondent: Shri M.V. Rajguru, D.R
Section 115JSection 143(2)Section 147Section 148Section 271(1)(c)

assessee company. The A.O after deliberating on the aforesaid information and the documents received/information contained in the documents forwarded by the investigation wing, held a conviction that the income of the assessee for the year under consideration had escaped assessment within the meaning ... respect of the veracity of the transactions were liable to be drawn in its hands on the basis of the unsubstantiated report of the investigation wing of the department. However, the A.O not impressed with the contention of the assessee, observed that as Mr. Praveen Agarwal had categorically admitted

DCIT 3(3)(1), Mumbai vs. Reliance General Insurance Company Ltd, Mumbai

The appeal of the revenue is dismissed in terms of our aforesaid observations

ITA 7245/MUM/2016[2011-12]Status: DisposedITAT Mumbai16 Mar 2018AY 2011-12

Bench: Shri Rajendra, Am & Shri Ravish Sood, Jm Ita Nos. 7245 To 7249/Mum/2016 (निर्धारण वषा / Assessment Year:2007-08 To 2011-12) Dcit-3(3)(1), M/S Reliance General Room No.609, 6Th Floor, Insurance Company Ltd. बिधम/ Aayakar Bhavan, M.K. Road 570, Rectifier House, Naigum Mumbai-400 020 Cross Road, Next To Royal Vs. Industrial Estate, Mumbai-400 031 स्थामी रेखा सं./ जीआइआय सं./ Pan No. Aabcr6747B (अऩीराथी /Revenue) (प्रत्मथी / Assessee) :

For Appellant: Shri Jitendra Sanghvi, A.RFor Respondent: Shri M.V. Rajguru, D.R
Section 115JSection 143(2)Section 147Section 148Section 271(1)(c)

assessee company. The A.O after deliberating on the aforesaid information and the documents received/information contained in the documents forwarded by the investigation wing, held a conviction that the income of the assessee for the year under consideration had escaped assessment within the meaning ... respect of the veracity of the transactions were liable to be drawn in its hands on the basis of the unsubstantiated report of the investigation wing of the department. However, the A.O not impressed with the contention of the assessee, observed that as Mr. Praveen Agarwal had categorically admitted

Bharat Wire Ropes Ltd, Mumbai vs. DCIT (OSD) 10(3), Mumbai

In the result, this appeal by the assessee stands allowed for statistical purposes

ITA 5438/MUM/2015[2011-12]Status: DisposedITAT Mumbai05 Mar 2018AY 2011-12

Bench: Shri Shamim Yahya, Am & Shri Pawan Singh, Jm आयकर अपील सं./I.T.A. No. 5438/Mum/2015 ("नधा"रण वष" / Assessment Year: 2011-12) M/S. Bharat Wire Ropes Ltd. Dcit(Osd)-10(3) बनाम/ Aayakar Bhavan, 4Th Floor, A-701, Trade World Building, Kamla City, Lower Parel (W), Room No. 517, M. K. Road, Vs. Mumbai-400 013 Mumbai-400 020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aabcb 2180 N (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Mitesh N. Shah ""यथ" क" ओर से/Respondent By : Shri T. A. Khan सुनवाई क" तार"ख / : 14.12.2017 Date Of Hearing घोषणा क" तार"ख / : 05.03.2018 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Appeal By The Assessee Is Directed Against The Order By The Commissioner Of Income Tax (Appeals) Dated 15.10.2015 & Pertains To The Assessment Year 2011- 12. 2. There Are Two Effective Grounds Raised In This Appeal Which Reads As Under: 1. A) On The Facts & In The Circumstances Of The Case & In Law, The Cit(A) Erred In Confirming The Addition To The Extent Of 12.5%, Being Profit Element Embedded In The Alleged Bogus Purchases Of Rs.2,66,19,848/-, Made By The 2 M/S. Bharat Wire Ropes Ltd. A.O. To The Income Of The Appellant On The Basis Of Information Of The Sales Tax Department About Suspicious Dealers.

For Appellant: Shri Mitesh N. ShahFor Respondent: Shri T. A. Khan
Section 133(6)Section 143(3)

firm engaged in the business of manufacturing of Wire & ire Ropes. Ld. AO made the addition on the basis of information received from the Investigation Wing of the Income Tax Department, Mumbai that the Sales Tax Department had recorded the statements of certain hawala operators who have confirmed to have ... furnish the supporting documentary evidence to support that the purchases were actually made by them such as transportation documents, inward register etc. The Investigation Wing of Mumbai had provided a list of hawala bill racketeers who were involved in issuing biils and also the list of beneficiaries. The Sales

ACIT, New Delhi vs. M/S. S P Singla Construction P Ltd., New Delhi

In the result, the appeals of the department are dismissed

ITA 4594/DEL/2016[2009-10]Status: DisposedITAT Delhi27 Feb 2018AY 2009-10

Bench: Sh. N. K. Saini, Am & Sh. Bhavnesh Saini, Jm Ita No. 4593/Del/2016 : Asstt. Year : 2007-08 Ita No. 4594/Del/2016 : Asstt. Year : 2009-10 Acit, Vs S P Singla Construction P. Ltd., D/10, Flat No. 22, 1St Floor, Dda Central Circle-26, New Delhi Flats, Sector-7, Rohini, New Delhi (Appellant) (Respondent) Pan No. Aagcs5773B Assessee By : Sh. Ashwani Kumar, Ca Revenue By : Sh. S. S. Rana, Cit Dr Date Of Hearing : 10.01.2018 Date Of Pronouncement : 27.02.2018 Order Per N. K. Saini, Am: These Two Appeals By The Department Are Directed Against The Separate Orders Each Dated 31.05.2016 Of Ld. Cit(A)-29, New Delhi.

For Appellant: Sh. Ashwani Kumar, CAFor Respondent: Sh. S. S. Rana, CIT DR
Section 132Section 139Section 143(1)Section 143(3)Section 147Section 148Section 153ASection 68

addition was not based on any incriminating material found during the course of search and that the statement of the persons recorded by the Investigation Wing regarding bogus transaction of the shares had not been provided during the assessment proceedings. The ld. CIT(A) vide letter dated 24.04.2016 asked ... letter dated ACIT/Circle- 22(1)/2014-15/162 dated 10.03.2015 which they received the said information from DCIT, Circle-24(1). Thus the findings of the investigation wing was conveyed to the AO vide above letter though the investigation report was not enclosed. Reply to query no.2: The addition was not made

ACIT, New Delhi vs. M/S. S P Singla Construction P Ltd., New Delhi

In the result, the appeals of the department are dismissed

ITA 4593/DEL/2016[2007-08]Status: DisposedITAT Delhi27 Feb 2018AY 2007-08

Bench: Sh. N. K. Saini, Am & Sh. Bhavnesh Saini, Jm Ita No. 4593/Del/2016 : Asstt. Year : 2007-08 Ita No. 4594/Del/2016 : Asstt. Year : 2009-10 Acit, Vs S P Singla Construction P. Ltd., D/10, Flat No. 22, 1St Floor, Dda Central Circle-26, New Delhi Flats, Sector-7, Rohini, New Delhi (Appellant) (Respondent) Pan No. Aagcs5773B Assessee By : Sh. Ashwani Kumar, Ca Revenue By : Sh. S. S. Rana, Cit Dr Date Of Hearing : 10.01.2018 Date Of Pronouncement : 27.02.2018 Order Per N. K. Saini, Am: These Two Appeals By The Department Are Directed Against The Separate Orders Each Dated 31.05.2016 Of Ld. Cit(A)-29, New Delhi.

For Appellant: Sh. Ashwani Kumar, CAFor Respondent: Sh. S. S. Rana, CIT DR
Section 132Section 139Section 143(1)Section 143(3)Section 147Section 148Section 153ASection 68

addition was not based on any incriminating material found during the course of search and that the statement of the persons recorded by the Investigation Wing regarding bogus transaction of the shares had not been provided during the assessment proceedings. The ld. CIT(A) vide letter dated 24.04.2016 asked ... letter dated ACIT/Circle- 22(1)/2014-15/162 dated 10.03.2015 which they received the said information from DCIT, Circle-24(1). Thus the findings of the investigation wing was conveyed to the AO vide above letter though the investigation report was not enclosed. Reply to query no.2: The addition was not made