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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

Ujala Sales Pvt. Ltd., New Delhi vs. ITO, New Delhi

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 4701/DEL/2011[2003-04]Status: DisposedITAT Delhi18 Apr 2016AY 2003-04

Bench: Shri R.S. Syal & Shri Sudhanshu Srivastavaay: 2003-04 Ujala Sales Pvt. Ltd., Vs Income Tax Officer, C-127, Preet Vihar, Ward 18(2), New Delhi. New Delhi. (Pan: Aaacu0476F) (Appellant) (Respondent) Appellant By: Shri C.S. Anand, Ca Respondent By: Shri Rajiv Ranka, Sr. Dr

For Appellant: Shri C.S. Anand, CAFor Respondent: Shri Rajiv Ranka, Sr. DR
Section 133(6)Section 143(1)Section 143(3)Section 147Section 148Section 68

Year: 2003-04 5.3.2010 was issued. Reasons for reopening the case u/s 147 of the Act were recorded as under:- “ A special report from Investigation Wing, New Delhi has been received through CIT Delhi VI, New Delhi. As per information the assessee company, M/s Ujala Sales (P) Ltd New Delhi

M/S. Rmg Polyvinyl (I) Ltd., New Delhi vs. DCIT, New Delhi

In the result, the Assessee’s Appeal stands allowed

ITA 1596/DEL/2014[2004-05]Status: DisposedITAT Delhi12 Apr 2016AY 2004-05

Bench: Shri H.S. Sidhu & Shri Prashant Maharishiassessment Year: 2004-05 M/S Rmg Polyvinyl (I) Ltd. Vs. Dcit, Circle 15(1) (Formerly Known As Pine View New Delhi Construction & Traders P. Ltd.) 302, Elite House, 36, Community Centre, Kailash Colony Extn., New Delhi (Pan: Aaacg2886R) (Appellant) (Respondent) Assessee By : Sh. Rakesh Joshi & Sh. Sanjay Jain, Cas Revenue By : Sh. Shravan Gotru, Sr. Dr

For Appellant: Sh. Rakesh Joshi & Sh. Sanjay Jain, CAsFor Respondent: Sh. Shravan Gotru, Sr. DR
Section 133(6)Section 143Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

which was processed u/s. 143(1) of the Act on 4.1.2005. Later on an information was received from the Investigation Wing, New Delhi that the assessee is amongst the beneficiaries of bogus accommodation entries totaling to Rs. 1,56,00,000/-. Accordingly, the proceedings u/s. 147 of the Act were ... made thereof. Thereafter on the basis of the details of the bank account number and branch available in 4 the information received from Investigation Wing, Notice u/s. 133(6) of the Act was issued to the bankers i.e. Canara Bank, Safdarjung Development Area, New Delhi. From the information received

M/S Unitech Ltd., New Delhi vs. Addl. CIT, New Delhi

In the result, assessee’s appeals is allowed and revenue’s appeal is dismissed

ITA 5180/DEL/2013[2009-10]Status: DisposedITAT Delhi08 Apr 2016AY 2009-10

Bench: Shri I.C. Sudhir & Shri L.P. Sahu Assessment Year: 2009-10 M/S. Unitech Ltd., Vs. Additional Cit, 6-Community Centre, Range-18, Saket, New Delhi-1100 17 New Delhi. (Pan: Aaacu1482H) (Appellant) (Respondent) Assessment Year: 2009-10 Additional Cit, Vs. M/S. Unitech Ltd., Range-18, 6-Community Centre, New Delhi. Saket, New Delhi (Pan: Aaacu1482H) (Appellant) (Respondent) Assessee By: S/Shri Salil Aggarwal, Adv., Gautam And, Ca & Shjalesh Gupta, Ca Department By: S/Shri Dilip Shivpuri & Ruchir Bhatia, Government Standing Counsels Date Of Hearing : 12 .01.2016 Date Of Pronouncement: 08 :04.2016 Order Per I.C. Sudhir:These Cross Appeals Preferred By Assessee & Revenue Are Directed Against The Order Of Learned Cit(A)-Xxi, New Delhi Dated 16.8.2013 & Relate To Assessment Year 2009-10. 2. The Appellant-Assessee Is A Public Limited Company Engaged In The Business Of Construction & Development Of Real Estate Projects. For The Assessment Year Under Consideration, It Filed A Return Declaring An Income Of Rs. 922,30,17,671/- On 29.9.2009, Which Came To Be Assessed At An Income Of Rs. 3361,18,87,560/- In An Order Dated 1.8.2012 Under Section 143(3) Of The Act. On Appeal, Learned Cit(A) Granted Part Relief To The Appellant & Hence The Appeals Before Us.

For Appellant: S/Shri Salil Aggarwal, Adv., Gautam and, CA and Shjalesh Gupta, CAFor Respondent: S/Shri Dilip Shivpuri & Ruchir Bhatia
Section 142Section 143(3)Section 45Section 48

Number 1076 for selecting case for special audit as there was allegation of Tax Division as the Assessing Officer has received information from the Investigation Wing that the assessee is involved in 2G scam vide remand report of the Assessing Officer dated 18.4.2013 and 2.5.2013” is factually incorrect, legally misconceived ... Number 1076 for selecting case for special audit as there was allegation of tax deviation as the Assessing Officer has received information from the Investigation Wing that the assessee is involved in 2G scam vide remand report of the Assessing Officer dated 18.4.2013 and 2.5.2013 is factually incorrect, legally misconceived

ITO, New Delhi vs. M/S G.A. Buildcon Pvt. Ltd., Delhi

In the result, the Assessee’s Cross Objection stands allowed and

ITA 5311/DEL/2013[2000-01]Status: DisposedITAT Delhi07 Apr 2016AY 2000-01

Bench: Shri H.S. Sidhu & Shri J.S. Reddyassessment Year: 2000-01 Income Tax Officer, Vs. M/S Ga Buildcon Private Ward 12(1), Cr Building, Ltd., Room No. 205, Wadhwa New Delhi Complex, Laxmi Nagar, Delhi-92 (Pan: Aaacg9109R) (Appellant) (Respondent) & Cross Objection No. 42/Del/2014 (In Ita No. 5311/Del/2013) Assessment Year: 2000-01 M/S Ga Buildcon Private Limited, Vs. Income Tax Officer, C/O Rra Taxindia, Ward 12(1), New Delhi D-28, South Extension, Part-I, New Delhi – 49 (Appellant) (Respondent) Department By : Sh. T. Vasanthan, Sr. Dr Respondent By : Dr. Rakesh Gupta, Adv., Mr. Somil Aggarwal, Adv. & Sh. Abhishek Anand, Adv.

For Respondent: Sh. T. Vasanthan, Sr. DR
Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 68

loss of Rs. 2824/-. The same was processed u/s. 143(1) of the I.T. Act, 1961. On the basis of information received from Investigation Wing of the Income Tax Department that the assessee company was involved in receiving accommodation entries and after analysis of the Bank Statement of the assessee

ITO, Bangalore vs. M/S Kautilya House Building Co-Operative Society Ltd., Bangalore

ITA 1324/BANG/2015[2008-09]Status: DisposedITAT Bangalore07 Apr 2016AY 2008-09

Bench: Shri George George K & Shri Inturi Rama Rao

For Appellant: Smt. Rukmani Attri, JCIT(DR)For Respondent: Shri P.R.Suresh, CA
Section 133ASection 194CSection 201Section 201(1)

hereinafter referred to as 'the Act' for short] were carried on in the premises of the respondent-co- operative society on 5/12/2013 by investigation wing of the department. During the course of survey, the department found that no TDS was made by the respondent-co-operative society under the provisions

ACIT, New Delhi vs. M/S. Dma Investment (P) Ltd., New Delhi

In the result, all the 4 Appeals filed by the Assessee stand allowed and all the 4 Appeals filed by the Department stand dismissed

ITA 6326/DEL/2013[2006-07]Status: DisposedITAT Delhi05 Apr 2016AY 2006-07

Bench: Shri N.K. Saini & Shri H.S. Sidhu

For Appellant: Sh. Dr. Rakesh Gupta, AdvFor Respondent: Sh. Sunil Chander Sharma
Section 132Section 132(1)Section 143(2)Section 14ASection 153A

page no. 1 & 2. He stated that during the search and seizure operation, no documentary evidence has been found by the Investigation Wing of the Department on the issue in dispute. The Search and Seizure operation u/s. 132 of the I.T. Act was conducted by the Investigation Wing

M/S. Dma Investment Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result, all the 4 Appeals filed by the Assessee stand allowed and all the 4 Appeals filed by the Department stand dismissed

ITA 5688/DEL/2013[2006-07]Status: DisposedITAT Delhi05 Apr 2016AY 2006-07

Bench: Shri N.K. Saini & Shri H.S. Sidhu

For Appellant: Sh. Dr. Rakesh Gupta, AdvFor Respondent: Sh. Sunil Chander Sharma
Section 132Section 132(1)Section 143(2)Section 14ASection 153A

page no. 1 & 2. He stated that during the search and seizure operation, no documentary evidence has been found by the Investigation Wing of the Department on the issue in dispute. The Search and Seizure operation u/s. 132 of the I.T. Act was conducted by the Investigation Wing

ITO, New Delhi vs. M/S Jansampark Advertising & Marketing Pvt. Ltd., New Delhi

In the result, the questions of law stand answered in favour of the Revenue though with a direction that the matter of assessment arising out of notice under Section 148 Income Tax

ITA 4839/DEL/2009[2004-05]Status: DisposedITAT Delhi05 Apr 2016AY 2004-05

Bench: Shri Chandra Mohan Garg & Shri L.P. Sahu

For Appellant: Shri Shravan Gotru, Sr-DRFor Respondent: Shri Rajeev Saxena, Adv
Section 148Section 3Section 68

been in receipt of accommodation entries from the entry providers. The AO noticed that during the course of the enquiries conducted by the investigation wing of the department it was concluded that most of the entry operators are charging commission @ 2% for giving this accommodation approach to another person

ACIT Cen Cir 13, Mumbai vs. Asian Star Company Ltd, Mumbai

In the result, all appeals of the revenue as well as cross objections of the assessee are dismissed

ITA 4410/MUM/2014[2011-12]Status: DisposedITAT Mumbai31 Mar 2016AY 2011-12

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm आमकय अऩीर सं./Ita Nos.4404 To 4410/Mum/2014 (नििाारण वषा / Assessment Years :2005-06 To 2011-2012) Acit, Central Circle-13, Room Vs. M/S Asian Star Company No.1103, 11Th Floor Old Cgo Limited, 114/116, Mittal Court, C-Wing, 11Th Floor, Building (Annex.) M.K.Road, Mumbai-400020 Nariman Point, Mumbai- 400021 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaaca 4856 B (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. & Cross Objection Nos.196, 198 To 201/Mum/2015 (Arising Out Of Ita Nos.4404,4408,4406,4405&4407/M/2014) (नििाारण वषा / Assessment Years :2005-06, 2006-07 & 2008-09) M/S Asian Star Company Vs. Acit, Central Circle-13, Room No.1103, 11Th Floor Old Limited, 114/116, Mittal Court, C-Wing, 11Th Floor, Cgo Building (Annex.) Nariman Point, Mumbai- M.K.Road, Mumbai-400020 400021 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaaca 4856 B (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. याजस्व की ओर से /Revenue By : Shri B.Pruseth ननधाारयती की ओर से /Assessee By : Shri Rakesh Joshi सुनवाई की तायीख / Date Of Hearing : 30/12/2015 घोषणा की तायीख/Date Of Pronouncement /2016 आदेश / O R D E R Per R.C.Sharma (A.M): These Are The Appeals Filed By The Revenue & Cross Objection By The Assessee Against The Order Of Cit(A), Mumbai, For The Assessment Years 2005-06 To 2011-12. 2

For Appellant: Shri Rakesh JoshiFor Respondent: Shri B.Pruseth
Section 132Section 133ASection 143(3)Section 153A

details of the processing charges including names and addresses of the parties, confirmation of the parties and copies of bills were submitted to the investigation wing and the same was submitted to the AO also. The payments have been made by account payee cheques and TDS has been deducted

ACIT Cen Cir 13, Mumbai vs. Asian Star Company Ltd, Mumbai

In the result, all appeals of the revenue as well as cross objections of the assessee are dismissed

ITA 4409/MUM/2014[2010-11]Status: DisposedITAT Mumbai31 Mar 2016AY 2010-11

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm आमकय अऩीर सं./Ita Nos.4404 To 4410/Mum/2014 (नििाारण वषा / Assessment Years :2005-06 To 2011-2012) Acit, Central Circle-13, Room Vs. M/S Asian Star Company No.1103, 11Th Floor Old Cgo Limited, 114/116, Mittal Court, C-Wing, 11Th Floor, Building (Annex.) M.K.Road, Mumbai-400020 Nariman Point, Mumbai- 400021 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaaca 4856 B (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. & Cross Objection Nos.196, 198 To 201/Mum/2015 (Arising Out Of Ita Nos.4404,4408,4406,4405&4407/M/2014) (नििाारण वषा / Assessment Years :2005-06, 2006-07 & 2008-09) M/S Asian Star Company Vs. Acit, Central Circle-13, Room No.1103, 11Th Floor Old Limited, 114/116, Mittal Court, C-Wing, 11Th Floor, Cgo Building (Annex.) Nariman Point, Mumbai- M.K.Road, Mumbai-400020 400021 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaaca 4856 B (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. याजस्व की ओर से /Revenue By : Shri B.Pruseth ननधाारयती की ओर से /Assessee By : Shri Rakesh Joshi सुनवाई की तायीख / Date Of Hearing : 30/12/2015 घोषणा की तायीख/Date Of Pronouncement /2016 आदेश / O R D E R Per R.C.Sharma (A.M): These Are The Appeals Filed By The Revenue & Cross Objection By The Assessee Against The Order Of Cit(A), Mumbai, For The Assessment Years 2005-06 To 2011-12. 2

For Appellant: Shri Rakesh JoshiFor Respondent: Shri B.Pruseth
Section 132Section 133ASection 143(3)Section 153A

details of the processing charges including names and addresses of the parties, confirmation of the parties and copies of bills were submitted to the investigation wing and the same was submitted to the AO also. The payments have been made by account payee cheques and TDS has been deducted

ACIT Cen Cir 13, Mumbai vs. Asian Star Company Ltd, Mumbai

In the result, all appeals of the revenue as well as cross objections of the assessee are dismissed

ITA 4408/MUM/2014[2009-10]Status: DisposedITAT Mumbai31 Mar 2016AY 2009-10

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm आमकय अऩीर सं./Ita Nos.4404 To 4410/Mum/2014 (नििाारण वषा / Assessment Years :2005-06 To 2011-2012) Acit, Central Circle-13, Room Vs. M/S Asian Star Company No.1103, 11Th Floor Old Cgo Limited, 114/116, Mittal Court, C-Wing, 11Th Floor, Building (Annex.) M.K.Road, Mumbai-400020 Nariman Point, Mumbai- 400021 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaaca 4856 B (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. & Cross Objection Nos.196, 198 To 201/Mum/2015 (Arising Out Of Ita Nos.4404,4408,4406,4405&4407/M/2014) (नििाारण वषा / Assessment Years :2005-06, 2006-07 & 2008-09) M/S Asian Star Company Vs. Acit, Central Circle-13, Room No.1103, 11Th Floor Old Limited, 114/116, Mittal Court, C-Wing, 11Th Floor, Cgo Building (Annex.) Nariman Point, Mumbai- M.K.Road, Mumbai-400020 400021 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaaca 4856 B (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. याजस्व की ओर से /Revenue By : Shri B.Pruseth ननधाारयती की ओर से /Assessee By : Shri Rakesh Joshi सुनवाई की तायीख / Date Of Hearing : 30/12/2015 घोषणा की तायीख/Date Of Pronouncement /2016 आदेश / O R D E R Per R.C.Sharma (A.M): These Are The Appeals Filed By The Revenue & Cross Objection By The Assessee Against The Order Of Cit(A), Mumbai, For The Assessment Years 2005-06 To 2011-12. 2

For Appellant: Shri Rakesh JoshiFor Respondent: Shri B.Pruseth
Section 132Section 133ASection 143(3)Section 153A

details of the processing charges including names and addresses of the parties, confirmation of the parties and copies of bills were submitted to the investigation wing and the same was submitted to the AO also. The payments have been made by account payee cheques and TDS has been deducted

ACIT Cen Cir 13, Mumbai vs. Asian Star Company Ltd, Mumbai

In the result, all appeals of the revenue as well as cross objections of the assessee are dismissed

ITA 4407/MUM/2014[2008-09]Status: DisposedITAT Mumbai31 Mar 2016AY 2008-09

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm आमकय अऩीर सं./Ita Nos.4404 To 4410/Mum/2014 (नििाारण वषा / Assessment Years :2005-06 To 2011-2012) Acit, Central Circle-13, Room Vs. M/S Asian Star Company No.1103, 11Th Floor Old Cgo Limited, 114/116, Mittal Court, C-Wing, 11Th Floor, Building (Annex.) M.K.Road, Mumbai-400020 Nariman Point, Mumbai- 400021 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaaca 4856 B (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. & Cross Objection Nos.196, 198 To 201/Mum/2015 (Arising Out Of Ita Nos.4404,4408,4406,4405&4407/M/2014) (नििाारण वषा / Assessment Years :2005-06, 2006-07 & 2008-09) M/S Asian Star Company Vs. Acit, Central Circle-13, Room No.1103, 11Th Floor Old Limited, 114/116, Mittal Court, C-Wing, 11Th Floor, Cgo Building (Annex.) Nariman Point, Mumbai- M.K.Road, Mumbai-400020 400021 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaaca 4856 B (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. याजस्व की ओर से /Revenue By : Shri B.Pruseth ननधाारयती की ओर से /Assessee By : Shri Rakesh Joshi सुनवाई की तायीख / Date Of Hearing : 30/12/2015 घोषणा की तायीख/Date Of Pronouncement /2016 आदेश / O R D E R Per R.C.Sharma (A.M): These Are The Appeals Filed By The Revenue & Cross Objection By The Assessee Against The Order Of Cit(A), Mumbai, For The Assessment Years 2005-06 To 2011-12. 2

For Appellant: Shri Rakesh JoshiFor Respondent: Shri B.Pruseth
Section 132Section 133ASection 143(3)Section 153A

details of the processing charges including names and addresses of the parties, confirmation of the parties and copies of bills were submitted to the investigation wing and the same was submitted to the AO also. The payments have been made by account payee cheques and TDS has been deducted

ACIT Cen Cir 13, Mumbai vs. Asian Star Company Ltd, Mumbai

In the result, all appeals of the revenue as well as cross objections of the assessee are dismissed

ITA 4406/MUM/2014[2007-08]Status: DisposedITAT Mumbai31 Mar 2016AY 2007-08

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm आमकय अऩीर सं./Ita Nos.4404 To 4410/Mum/2014 (नििाारण वषा / Assessment Years :2005-06 To 2011-2012) Acit, Central Circle-13, Room Vs. M/S Asian Star Company No.1103, 11Th Floor Old Cgo Limited, 114/116, Mittal Court, C-Wing, 11Th Floor, Building (Annex.) M.K.Road, Mumbai-400020 Nariman Point, Mumbai- 400021 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaaca 4856 B (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. & Cross Objection Nos.196, 198 To 201/Mum/2015 (Arising Out Of Ita Nos.4404,4408,4406,4405&4407/M/2014) (नििाारण वषा / Assessment Years :2005-06, 2006-07 & 2008-09) M/S Asian Star Company Vs. Acit, Central Circle-13, Room No.1103, 11Th Floor Old Limited, 114/116, Mittal Court, C-Wing, 11Th Floor, Cgo Building (Annex.) Nariman Point, Mumbai- M.K.Road, Mumbai-400020 400021 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaaca 4856 B (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. याजस्व की ओर से /Revenue By : Shri B.Pruseth ननधाारयती की ओर से /Assessee By : Shri Rakesh Joshi सुनवाई की तायीख / Date Of Hearing : 30/12/2015 घोषणा की तायीख/Date Of Pronouncement /2016 आदेश / O R D E R Per R.C.Sharma (A.M): These Are The Appeals Filed By The Revenue & Cross Objection By The Assessee Against The Order Of Cit(A), Mumbai, For The Assessment Years 2005-06 To 2011-12. 2

For Appellant: Shri Rakesh JoshiFor Respondent: Shri B.Pruseth
Section 132Section 133ASection 143(3)Section 153A

details of the processing charges including names and addresses of the parties, confirmation of the parties and copies of bills were submitted to the investigation wing and the same was submitted to the AO also. The payments have been made by account payee cheques and TDS has been deducted

ACIT Cen Cir 13, Mumbai vs. Asian Star Company Ltd, Mumbai

In the result, all appeals of the revenue as well as cross objections of the assessee are dismissed

ITA 4405/MUM/2014[2006-07]Status: DisposedITAT Mumbai31 Mar 2016AY 2006-07

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm आमकय अऩीर सं./Ita Nos.4404 To 4410/Mum/2014 (नििाारण वषा / Assessment Years :2005-06 To 2011-2012) Acit, Central Circle-13, Room Vs. M/S Asian Star Company No.1103, 11Th Floor Old Cgo Limited, 114/116, Mittal Court, C-Wing, 11Th Floor, Building (Annex.) M.K.Road, Mumbai-400020 Nariman Point, Mumbai- 400021 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaaca 4856 B (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. & Cross Objection Nos.196, 198 To 201/Mum/2015 (Arising Out Of Ita Nos.4404,4408,4406,4405&4407/M/2014) (नििाारण वषा / Assessment Years :2005-06, 2006-07 & 2008-09) M/S Asian Star Company Vs. Acit, Central Circle-13, Room No.1103, 11Th Floor Old Limited, 114/116, Mittal Court, C-Wing, 11Th Floor, Cgo Building (Annex.) Nariman Point, Mumbai- M.K.Road, Mumbai-400020 400021 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaaca 4856 B (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. याजस्व की ओर से /Revenue By : Shri B.Pruseth ननधाारयती की ओर से /Assessee By : Shri Rakesh Joshi सुनवाई की तायीख / Date Of Hearing : 30/12/2015 घोषणा की तायीख/Date Of Pronouncement /2016 आदेश / O R D E R Per R.C.Sharma (A.M): These Are The Appeals Filed By The Revenue & Cross Objection By The Assessee Against The Order Of Cit(A), Mumbai, For The Assessment Years 2005-06 To 2011-12. 2

For Appellant: Shri Rakesh JoshiFor Respondent: Shri B.Pruseth
Section 132Section 133ASection 143(3)Section 153A

details of the processing charges including names and addresses of the parties, confirmation of the parties and copies of bills were submitted to the investigation wing and the same was submitted to the AO also. The payments have been made by account payee cheques and TDS has been deducted

ACIT Cen Cir 13, Mumbai vs. Asian Star Company Ltd, Mumbai

In the result, all appeals of the revenue as well as cross objections of the assessee are dismissed

ITA 4404/MUM/2014[2005-06]Status: DisposedITAT Mumbai31 Mar 2016AY 2005-06

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm आमकय अऩीर सं./Ita Nos.4404 To 4410/Mum/2014 (नििाारण वषा / Assessment Years :2005-06 To 2011-2012) Acit, Central Circle-13, Room Vs. M/S Asian Star Company No.1103, 11Th Floor Old Cgo Limited, 114/116, Mittal Court, C-Wing, 11Th Floor, Building (Annex.) M.K.Road, Mumbai-400020 Nariman Point, Mumbai- 400021 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaaca 4856 B (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. & Cross Objection Nos.196, 198 To 201/Mum/2015 (Arising Out Of Ita Nos.4404,4408,4406,4405&4407/M/2014) (नििाारण वषा / Assessment Years :2005-06, 2006-07 & 2008-09) M/S Asian Star Company Vs. Acit, Central Circle-13, Room No.1103, 11Th Floor Old Limited, 114/116, Mittal Court, C-Wing, 11Th Floor, Cgo Building (Annex.) Nariman Point, Mumbai- M.K.Road, Mumbai-400020 400021 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaaca 4856 B (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. याजस्व की ओर से /Revenue By : Shri B.Pruseth ननधाारयती की ओर से /Assessee By : Shri Rakesh Joshi सुनवाई की तायीख / Date Of Hearing : 30/12/2015 घोषणा की तायीख/Date Of Pronouncement /2016 आदेश / O R D E R Per R.C.Sharma (A.M): These Are The Appeals Filed By The Revenue & Cross Objection By The Assessee Against The Order Of Cit(A), Mumbai, For The Assessment Years 2005-06 To 2011-12. 2

For Appellant: Shri Rakesh JoshiFor Respondent: Shri B.Pruseth
Section 132Section 133ASection 143(3)Section 153A

details of the processing charges including names and addresses of the parties, confirmation of the parties and copies of bills were submitted to the investigation wing and the same was submitted to the AO also. The payments have been made by account payee cheques and TDS has been deducted

DCIT 5(2), Mumbai vs. Lahoti Overseas Ltd, Mumbai

In the result, appeal of the assessee company in ITA

ITA 3812/MUM/2012[2003-04]Status: DisposedITAT Mumbai30 Mar 2016AY 2003-04

Bench: Shri Amit Shukla & Shri Ramit Kocharआयकर अपील सं./I.T.A. No. 3812/Mum/2012 ("नधा"रण वष" / Assessment Year : 2003-04) Dy. Commissioner Of Income M/S Lahoti Overseas Ltd., बनाम/ Tax , 5(2),Room No. 571, 307, Arun Chambers, V. 5 Th Floor, Tardeo Road, Tardeo, Aayakar Bhavan, Mumbai - 400034. M.K. Road, Mumbai – 400 020. "थायी लेखा सं./Pan : Aaacl2578 H .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

For Appellant: Shri Yogesh TharFor Respondent: Shri Ganesh Bare (Sr.DR)
Section 133ASection 143(3)Section 147Section 148Section 151(1)

Rs.327/-. The A.O. observed that in the case of M/s. Suzlon Energy Ltd., action u/s. 133A of the Act was carried out by the Investigation Wing on 05-04-2006 and during the course of survey on 05-04-2006, the survey team physically inspected the windmill in the presence

M/S. Neelkanth Organics Pvt. Ltd., New Delhi vs. ITO, New Delhi

In the result, the appeal of the assessee is allowed partly for statistical purpose

ITA 1203/DEL/2015[2004-05]Status: DisposedITAT Delhi30 Mar 2016AY 2004-05

Bench: Smt. Diva Singh & Sh. O.P. Kantassessment Year: 2004-05 M/S. Neelkanth Organics Pvt. Ltd., Vs. Income Tax Officer, Ward -13(2), A-38/E, Dda Flats, Munirka, New New Delhi Delhi. (Pan : Aaacn0339G) (Appellant) (Respondent)

Section 139Section 143(1)Section 143(2)Section 147Section 148Section 68

initiating and sustaining the reassessment proceedings under Section 147 of the Act, without appreciating that the proceedings were initiated mechanically on information received by investigation wing by the Assessing Officer who did not apply his own mind on the facts of the case at all with reference ... Income tax Act, 1961 (in short the Act). Subsequently, the Assessing Officer (in short “the AO”) received information from the Investigation Wing of the Income Tax Department that the name of the assessee appeared in list of beneficiaries who rooted their unaccounted money through the bank accounts of entry operators

M/S. T&G Quality Management Cons. Ltd., New Delhi vs. ACIT, New Delhi

In the result, all the appeals preferred by the assessee are allowed for

ITA 3221/DEL/2012[2005-06]Status: DisposedITAT Delhi30 Mar 2016AY 2005-06

Bench: Shri S.V. Mehrotra : & Shri Kuldip Singh:

For Appellant: ShriY.R. Sonbhadra Sr. DRFor Respondent: Shri V. Rajakumar Adv
Section 132Section 143(3)Section 145(3)

such cases, which were covered under search & seizure action. The AO while giving the back ground of the case has pointed out that the Investigation Wing gathered that Shri S.K.Gupta, a Chartered Account by profession, was running various companies from a premises of "Trump and Gates" situated

ITO 10(3)(2), Mumbai vs. Jinit Properties P.Ltd, Navi Mumbai

ITA 3989/MUM/2014[2007-08]Status: DisposedITAT Mumbai25 Mar 2016AY 2007-08

Bench: S/Shjoginder Singh & Rajendraआयकर अपील सं./Ita/3989/Mum/2014,िनधा"रण िनधा"रण वष" वष" /Assessment Years: 2007-08 िनधा"रण िनधा"रण वष" वष" Income Tax Officer-10(3)2 Jinit Properties Pvt. Ltd. Room No.456,4Th Floor 301, Bhag Chs Ltd. Plot No.29 Vs. Aayakar Bhavan, M.K. Road Sector-14, Navi Mumbai-400 705. Mumbai-400 020. Pan:Aabcj 5056 F (अपीलाथ" /Appellant) (""यथ" / Respondent) Revenue By: Shri Ashish Heliwal Assessee By: Shri Rahul R. Sarda सुनवाई क" तारीख / Date Of Hearing: 29.03.2016 घोषणा क" तारीख / Date Of Pronouncement: 29.03.2016 आयकर अिधिनयम अिधिनयम,1961 क" क" धारा धारा 254(1)केकेकेके अ"तग"त अ"तग"त आदेश आदेश आयकर आयकर आयकर अिधिनयम अिधिनयम क" क" धारा धारा अ"तग"त अ"तग"त आदेश आदेश Order U/S.254(1)Of The Income-Tax Act,1961(Act) अनुसार Per Rajendra A.M.- लेखा सद"य सद"य राजे"" राजे"" केकेकेके अनुसार लेखा लेखा लेखा सद"य सद"य राजे"" राजे"" अनुसार अनुसार Challenging The Order,Dtd.25/03/2014 Of The Cit (A)-22,Mumbai The Assessing Officer(Ao) Has Filed The Present Appeal.Assessee-Company Filed Its Return Of Income On 3/10/ 2007, Declaring Total Income At Rupees Nil.The Ao Completed The Assessment,U/S.143(3) Of The Act, On 30/12/2010, Determining The Income Of The Assessee At Rs. 54.99 Lakhs.

For Appellant: Shri Rahul R. SardaFor Respondent: Shri Ashish Heliwal
Section 143(3)Section 254(1)Section 68Section 69

subscribers was not proved by the assessee, that he referred to order of SEBI and search and seizure actions carried out by the Investigation Wing of the department for making the addition, that the SEBI had found that all the three subscribers were engaged in price rigging of shares

Jatin P. Ajmera, Mumbai vs. ITO 21(1)(2), Mumbai

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

ITA 5569/MUM/2014[2003-04]Status: DisposedITAT Mumbai23 Mar 2016AY 2003-04

Bench: S/Shjogindersingh & Rajendraआयकर अपील सं./Ita/5569/Mum/2014,िनधा"रण िनधा"रण वष" वष" /Assessment Years: 2003-04 िनधा"रण िनधा"रण वष" वष" Shri Jatin P. Ajmera Income Tax Officer-21(1)(2) 36, Nandavan, Ansari Road C-10, 604, Bkc, Bandra Vile Parle (W) Vs. Mumbai-400 051. Mumbai-400 056. Pan:Aabpa 8021 G (अपीलाथ" /Appellant) (""यथ" / Respondent) Revenue By: Shri Ashish Heliwal Assessee By: Shri Rajesh B. Gupte सुनवाई क" तारीख / Date Of Hearing: 23.03.2016 घोषणा क" तारीख / Date Of Pronouncement: 23.03.2016 आयकर अिधिनयम अिधिनयम,1961 क" क" धारा धारा 254(1)केकेकेके अ"तग"त अ"तग"त आदेश आदेश आयकर आयकर आयकर अिधिनयम अिधिनयम क" क" धारा धारा अ"तग"त अ"तग"त आदेश आदेश Order U/S.254(1)Of The Income-Tax Act,1961(Act) अनुसार Per Rajendra A.M.- लेखा सद"य सद"य राजे"" राजे"" केकेकेके अनुसार लेखा लेखा लेखा सद"य सद"य राजे"" राजे"" अनुसार अनुसार Challenging The Order,Dated 19.06.2014,Of Cit(A)-32,Mumbai The Assessee Has Filed Appeal For The Year Under Consideration.The Effective Ground Of Appeal Is About Imposition Of Penalty For Concealing The Particulars Of Income.

For Appellant: Shri Rajesh B. GupteFor Respondent: Shri Ashish Heliwal
Section 132Section 254(1)Section 271(1)(c)

wherein he had explain in details the orders of trendy of accommodation entries given by him and his group companies. Further inquiries by the investigation wing confirmed that many of the sub broking companies floated by Mukesh Choksi actually did not carry out the transaction through the main brokers