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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

J.R Diamonds P.Ltd, Mumbai vs. DCIT Cen Cir 1, Mumbai

In the result, the appeals filed by the assessee are allowed

ITA 5772/MUM/2014[2008-09]Status: DisposedITAT Mumbai26 Oct 2016AY 2008-09

Bench: Shri Amit Shukla, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./I.T.A. No.5771 & 5772/Mum/2014 (ननधाारण वषा / Assessment Years : 2007-08 & 2008-09) बनाम/ M/S J R Diamonds Pvt.Ltd., Dy. Commissioner Of Income Tax, 806, The Plaza, 8Th Floor, Central Circle 1, Vs. 55, Gamdevi, Grant Road, Mumbai Mumbai-400007 (अऩीराथी /Appellant) (प्रत्मथी / Respondent) स्थायी ऱेखा सुं./ Pan : Aaacj1241R (अऩीराथी /Appellant) (प्रत्मथी / Respondent) ..

For Appellant: Shri Rajesh P ShahFor Respondent: Shri Kailash Gaikwad
Section 10ASection 132(1)Section 143(3)Section 153CSection 271Section 271(1)Section 271(1)(c)Section 274

argued that total of Rs.22 crores was disclosed during the course of search operation in the entire group, the details thereof were given to Investigation Wing on 23.10.2008 which is placed at pages 45 to 47 of the paper book. The ld. AR also submitted that the assessee has duly ... 10AA in respect of SEZ Chennai and variation in valuation of stocks and others as stated in the letter dater 23.10.2008 to the Investigation Wing and thereafter the assessment was framed under section 143(3) read with section 153C of the Act vide order dated 24.10.2010 allowing exemption u/s 10AA

J.R Diamonds P.Ltd, Mumbai vs. DCIT Cen Cir 1, Mumbai

In the result, the appeals filed by the assessee are allowed

ITA 5771/MUM/2014[2007-08]Status: DisposedITAT Mumbai26 Oct 2016AY 2007-08

Bench: Shri Amit Shukla, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./I.T.A. No.5771 & 5772/Mum/2014 (ननधाारण वषा / Assessment Years : 2007-08 & 2008-09) बनाम/ M/S J R Diamonds Pvt.Ltd., Dy. Commissioner Of Income Tax, 806, The Plaza, 8Th Floor, Central Circle 1, Vs. 55, Gamdevi, Grant Road, Mumbai Mumbai-400007 (अऩीराथी /Appellant) (प्रत्मथी / Respondent) स्थायी ऱेखा सुं./ Pan : Aaacj1241R (अऩीराथी /Appellant) (प्रत्मथी / Respondent) ..

For Appellant: Shri Rajesh P ShahFor Respondent: Shri Kailash Gaikwad
Section 10ASection 132(1)Section 143(3)Section 153CSection 271Section 271(1)Section 271(1)(c)Section 274

argued that total of Rs.22 crores was disclosed during the course of search operation in the entire group, the details thereof were given to Investigation Wing on 23.10.2008 which is placed at pages 45 to 47 of the paper book. The ld. AR also submitted that the assessee has duly ... 10AA in respect of SEZ Chennai and variation in valuation of stocks and others as stated in the letter dater 23.10.2008 to the Investigation Wing and thereafter the assessment was framed under section 143(3) read with section 153C of the Act vide order dated 24.10.2010 allowing exemption u/s 10AA