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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

Sachin Cotspin Ltd, Mumbai vs. CIT (A)-9, Mumbai

Appeal is allowed for statistical purposes

ITA 5049/MUM/2015[2005-06]Status: DisposedITAT Mumbai23 Nov 2016AY 2005-06

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am आमकय अऩीर सं./I.T.A. No. 5049/Mum/2015 (नििाारण वषा / Assessment Year: 2005-06) Sachin Cotspin Ltd. Income Tax Officer Ward -4 (3) (4) (Now Iss International Ltd.) 604, Shah & Nahar Aayakar Bhavan, बिाम/ Industrial Estate M.K.Road Vs. Dr. E.Moses Road Mumbai Worli, Naka Mumbai -400 018 स्थामी रेखा सं./जीआइआय सं ./Pan/Gir No. Aadcs1025P (अऩीराथी /Appellant) (प्रत्मथी / Respondent) : अऩीराथी की ओय से / Appellant By : None प्रत्मथी की ओय से/Respondent By : Shri K.C.Kanojia, Dr सुनवाई की िायीख / : 26/10/2016 Date Of Hearing घोषणा की िायीख / : 23/11/2016 Date Of Pronouncement आदेश / O R D E R Per Manoj Kumar Aggarwal () 1. The Captioned Appeal By Assessee For Assessment Year [Ay] 2005-06 Assails The Order Of The Commissioner Of Income Tax (Appeals)-9 [Cit(A)], Mumbai Dated 31/07/2015 On Merits As Well As On Violation Of Principles Of Natural Justice.

For Appellant: NoneFor Respondent: Shri K.C.Kanojia, DR
Section 132Section 133(6)Section 148Section 69

impugned AY was re-opened by Assessing Officer [AO] by issue of notice u/s 148 dated 17/06/2011 upon receipt of certain information from investigation wing of the Income Tax Department pursuant to search & seizure operations u/s 132 on a group engaged in fraudulent billing activities and bogus entry providers ... hearing on 11/01/2013 which led AO to finalize the assessment on the basis of material available on record. Finally, relying upon data provided by investigation wing and statements of directors of alleged bogus entry providers and upon perusal of financial statement of assessee, AO concluded that impugned investments unearthed

DCIT 10(3), Mumbai vs. Jk Surface Coating P.Tld, Navi Mumbai

The appeal of the assessee is partly allowed

ITA 6848/MUM/2014[2009-10]Status: DisposedITAT Mumbai18 Nov 2016AY 2009-10

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am आमकय अऩीर सं./I.T.A. No. 6769/Mum/2014 (नििाारण वषा / Assessment Year: 2009-2010) Jk Surface Coatings Pvt. Ltd. The Dy. Commissioner Neel Siddhi Enclave-Commercial Of Income Tax (Dcit) बिाम/ Complex, Plot-48/9, Sector-14, Vashi, 10(3) Vs. Navi Mumbai – 400 703 Mumbai स्थामी रेखा सं./जीआइआय सं./Pan/Gir No. Aaacj8308H (अऩीराथी /Appellant) (प्रत्मथी / Respondent) : आमकय अऩीर सं./I.T.A. No. 6848/Mum/2014 (नििाारण वषा / Assessment Year: 2009-2010) The Dy. Commissioner Of Jk Surface Coatings Pvt. Ltd. Income Tax (Dcit) बिाम/ Neel Siddhi Enclave-Commercial 10(3) Complex, Plot-48/9, Sector-14, Vashi, Mumbai Vs. Navi Mumbai – 400 703 स्थामी रेखा सं./जीआइआय सं./Pan/Gir No. Aaacj8308H (अऩीराथी /Appellant) (प्रत्मथी / Respondent) : अऩीराथी की ओय से / Assessee By : Ms. Jigna Parekh, Ar प्रत्मथी की ओय से/Revenue By : Shri C. S. Sharma, Dr

For Appellant: Ms. Jigna Parekh, ARFor Respondent: Shri C. S. Sharma, DR
Section 131Section 133(6)Section 143(1)Section 143(3)Section 147Section 148

case was sought to be reopened by the Assessing Officer [AO] u/s 148 of the Act on the basis of information received from the Investigation Wing of the Income Tax Department that the assessee had obtained bogus purchase bills from 14 parties totaling Rs.2,47,15,690/- which were stated

Jk Surface Coatings P.Ltd, Navi Mumbai vs. DCIT 10(3), Mumbai

The appeal of the assessee is partly allowed

ITA 6769/MUM/2014[2009-10]Status: DisposedITAT Mumbai18 Nov 2016AY 2009-10

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am आमकय अऩीर सं./I.T.A. No. 6769/Mum/2014 (नििाारण वषा / Assessment Year: 2009-2010) Jk Surface Coatings Pvt. Ltd. The Dy. Commissioner Neel Siddhi Enclave-Commercial Of Income Tax (Dcit) बिाम/ Complex, Plot-48/9, Sector-14, Vashi, 10(3) Vs. Navi Mumbai – 400 703 Mumbai स्थामी रेखा सं./जीआइआय सं./Pan/Gir No. Aaacj8308H (अऩीराथी /Appellant) (प्रत्मथी / Respondent) : आमकय अऩीर सं./I.T.A. No. 6848/Mum/2014 (नििाारण वषा / Assessment Year: 2009-2010) The Dy. Commissioner Of Jk Surface Coatings Pvt. Ltd. Income Tax (Dcit) बिाम/ Neel Siddhi Enclave-Commercial 10(3) Complex, Plot-48/9, Sector-14, Vashi, Mumbai Vs. Navi Mumbai – 400 703 स्थामी रेखा सं./जीआइआय सं./Pan/Gir No. Aaacj8308H (अऩीराथी /Appellant) (प्रत्मथी / Respondent) : अऩीराथी की ओय से / Assessee By : Ms. Jigna Parekh, Ar प्रत्मथी की ओय से/Revenue By : Shri C. S. Sharma, Dr

For Appellant: Ms. Jigna Parekh, ARFor Respondent: Shri C. S. Sharma, DR
Section 131Section 133(6)Section 143(1)Section 143(3)Section 147Section 148

case was sought to be reopened by the Assessing Officer [AO] u/s 148 of the Act on the basis of information received from the Investigation Wing of the Income Tax Department that the assessee had obtained bogus purchase bills from 14 parties totaling Rs.2,47,15,690/- which were stated