← 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, 1(1), Raipur (Cg) vs. Smt Vimlesh Kumar Singh, Raipur (Cg)

In the result, appeal filed by Revenue is dismissed

ITA 21/BIL/2013[2006-07]Status: DisposedITAT Raipur15 Jan 2018AY 2006-07

Bench: : Shri N.S.Saini & Shri Pavan Kumar Gadale, Judical Member Dcit-1(1), Raipur Vs Late Shri Vijay Pal Singh, Through L/H Smt. Vimlesh Kumari Singh, Prop.M/S Manohar Engineering & M/S Sharda Engineering, Baikunth, District – Raipur Pan No. : Ahjps 0124 K (Appellant) .. Tsednepser Revenue By : Mrs. Shital Verma, Dr Assessee By : Shri K.P.Dewani, Ar Date Of Hearing : 10/01/2018 Date Of Pronouncement 15/01/2018 आदेश / O R D E R Per Shri N.S.Saini, Am: This Is An Appeal Filed By The Revenue Against The Order Of The Cit(A), Raipur, Dated 08.02.2013 For The Assessment Year 2006-2007. 2. The Revenue Has Raised The Following Grounds :- “1. Whether In Law & On Facts & Circumstances Of The Case, The Cit(A) Has Erred In Deleting The Addition Of Rs.1,98,28,636/- Made By The Ao By Treating Long Term Capital Gain As Income From Undisclosed Sources.” 3. Brief Facts Of The Case Are That The Ao Observed That The Shares On Sale Of Which Ltcg Of Rs.1.95,39,611/- Was Shown & Exemption U/S.10(38) Of The Act Was Claimed Were Held Barely For Little More Than One Year To Qualify The Same As Long Term Capital Asset. The Cost Of The Shares Was Rs.2,69,400/- & Sale Consideration Was Rs.1,98,28,636/-. He

For Appellant: Shri K.P.Dewani, ARFor Respondent: Mrs. Shital Verma, DR
Section 10(38)

wherein the AO observed that the assessment order in this case was framed keeping in 4 view the inquiry conducted by the Investigation Wing of the Department at Kolkata regarding phenomenal increase in the prices of non-descript shares on which LTCG was shown by the assessees without paying ... assessee is one of them. The inquiries of the Investigation Wing at Kolkata have more than established that there was a systematic manipulation of the share prices in Kolkata Stock Exchange and unaccounted cash of numerous assessees was used through series of transactions to jack up the prices of shares

Sumitra Kumari, Chennai vs. ITO, Chennai

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

ITA 140/CHNY/2017[2010-11]Status: DisposedITAT Chennai04 Jan 2018AY 2010-11

Bench: Shri A. Mohan Alankamony & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A.No.140/Mds/2017 "नधा"रण वष"/Assessment Year:2010-11 Smt. Sumitra Kumari, The Income Tax Officer, No. 411, Mint Street, Sowcarpet, Vs. Non Corporate Ward 6(3), Chennai 600 079. Chennai. [Pan: Aktpk3976A] (Appellant) (Respondent) अपीलाथ" क" ओर से / Appellant By : Shri S. Sridhar, Advocate ""यथ" क" ओर से/Respondent By : Shri S. Suresh Kumar, Addl. Cit सुनवाई क" तार"ख/ Date Of Hearing : 02.01.2018 घोषणा क" तार"ख /Date Of Pronouncement : 04.01.2018 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 8, Chennai Dated 26.07.2017 Relevant To The Assessment Year 2014-15. Besides Challenging The Assessment Made Under Section 144 R.W.S. 147 Of The Income Tax Act, 1961 [“Act” In Short], The Assessee Also Disputed Against Confirmation Of Addition Of ₹.71,80,000/- Made Under Section 69B Of The Act.

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri S. Suresh Kumar, Addl. CIT
Section 133ASection 142(1)Section 144Section 148Section 69B

individual and not filed any return of income in respect of the assessment year 2010-11. As per survey report dated 22.08.2012 of the Investigation Wing, Chennai in the case of Shri D. Suryakanth alias [PAN: APDPS7934M], it was reported that Smt. Sumitra Kumari, wife of Shri Suryakanth has purchased ... various notices issued on the assessee. Thus, the Assessing Officer proceeded to complete the assessment based on the survey report received from the Investigation Wing, the assessment was completed under section 144 r.w.s. 147 of the Act by making addition towards unexplained investment under section

ITO 1(1)(1), Mumbai vs. Art Housing P. Ltd, Mumbai

In the result, this appeal filed by the Revenue stands allowed

ITA 522/MUM/2017[2009-10]Status: DisposedITAT Mumbai04 Jan 2018AY 2009-10

Bench: Shri Shamim Yahyaआयकर अपील सं./I.T.A. No.522/Mum/2017 ("नधा"रण वष" / Assessment Year: 2009-10) Ito-1(1)(1), M/S. Art Housing Pvt. Ltd. 534, Aayakar Bhawan, Block No. 302, Mehta Business बनाम/ M. K. Road, Mumbai-400 020 Centre, Khaitan Chambers, Vs. 143/145, Modi Street, Fort, Mumbai-400 001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aahca 6007 F (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Ms. N. Hemalatha ""यथ" क" ओर से/Respondent By : Shri Dharan Gandhi & Shri Vishesh Sangoi सुनवाई क" तार"ख / : 11.10.2017 Date Of Hearing घोषणा क" तार"ख / : 04.01.2018 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Appeal By The Revenue Is Directed Against Order Of The Ld. Commissioner Of Income Tax (Appeals) Dated 26.01.2016 & Pertains To Assessment Year 2009-10. 2. The Grounds Of Appeal Read As Under: I. "Whether, On The Facts & Circumstances Of The Case & In Law, The Cit(A) Was Justified In Directing The Deletion Of The Sum Brought To Tax By The 2 Ito Vs. M/S. Art Housing Pvt. Ltd. Ao As Unexplained Income Under Section 68 Of The Income Tax Act, 1961 In Respect Of Moneys Credited In The Books As Share Application Money Rs.45,00,000?"

For Appellant: Ms. N. HemalathaFor Respondent: Shri Dharan Gandhi &
Section 68

concerns run and operated by him was engaged in providing accommodation entries of various natures. The Assessing Officer received information from Investigation Wing that the assessee was in receipt of accommodation entry in the form of bogus share application money from the concerns operated by the said Shri Praveen Kumar ... nine companies were filed. 5. The assessing officer in the assessment order noted that in this case information was received from the DGIT Investigation Wing, Mumbai that the assessee company has taken accommodation entries of share application money from benami concerns operated by one Shri Pravin Kumar Jain. The information