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“investigation wing”

ReassessmentSection 147Section 14712,583 judgments

The decision most relied on for investigation wing is PCIT v. RMG Polyvinyl (I) Ltd. (396 ITR 5), cited in 272 judgments on BharatTax.

Leading authorities on investigation wing

PCIT v. RMG Polyvinyl (I) Ltd.
396 ITR 5 · 2017 · High Court
272
citing judgments

Reassessment based solely on information from the Investigation Wing, without the Assessing Officer conducting further inquiry or demonstrating an independent application of mind, is unjustified and invalid.

109 TTJ 700 (Del) SMC Share Brokers Ltd. v. DCIT
293 ITR 43 · 2007 · High Court
264
citing judgments

Where an assessment order is merely a copy-paste of observations from an investigation wing's appraisal report without independent verification, it is not a valid basis for making additions to income.

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.

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.

Judgments citing investigation wing

Arham Star, Mumbai vs. ITO Ward 19(2)(2), Piramal Chamber

In the result, appeal of the assessee is partly allowed

ITA 2427/MUM/2025[2010-11]Status: DisposedITAT Mumbai26 Sept 2025AY 2010-11

Bench: Shri Saktijit Dey, Hon'Ble & Shri Girish Agrawalassessment Year: 2010-11 Arham Star Income-Tax Officer, Cw-2090, Bharat Diamond Ward - 19(2)(2), Bourse, Bandra Kurla Mumbai Vs. Complex, Mumbai - 400051 (Pan: Aaafs5695M) (Appellant) (Respondent) Present For: Assessee : Shri Rahul Sarda, Advocate Revenue : Shri Surendra Mohan, Sr. Dr Date Of Hearing : 13.08.2025 Date Of Pronouncement : 26.09.2025 O R D E R Per Girish Agrawal: This Appeal Filed By Assessee Is Against The Order Of Cit (A), National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2024-25/1075308198(1), Dated 30/03/2025 Passed Against The Assessment Order By Income-Tax Officer, 19(1)(1), Mumbai, U/S.144 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 22.12.2017 For Assessment Year 2010-11. 2. Grounds Taken By The Assessee Are Reproduced As Under: 1. The Nfac Failed To Appreciate That The Purchases Made By The Appellant Were Genuine & Supported By Documentary Material Including The Corroboration Of Sales Made From Such Purchases & There Was Not Material To Show That The Purchases Were Not Genuine & Hence, The Same Could Not Have Been Disallowed. 2. The Nfac Erred In Upholding The Addition On The Basis Of Generalized Statements In The Assessment Order Without The Assessing Officer Having Conducted Any Enquiry In The Matter.

For Appellant: Shri Rahul Sarda, AdvocateFor Respondent: Shri Surendra Mohan, Sr. DR
Section 144Section 148

Shri Bhawarlal Jain and others on 03.10.2013 by DGIT(Inv), Mumbai. Post this search, ld. Assessing Officer of the assessee received information from the Investigation Wing of the department, Mumbai that assessee had taken accommodation entries of purchases from the following two parties in the year under consideration, details

Lexus Softmac, Surat vs. DCIT, Circle 1(1)(1), Surat

In the result, assessee’s appeal ITA No

ITA 703/SRT/2024[2015-16]Status: DisposedITAT Surat25 Sept 2025AY 2015-16

Bench: Ms. Suchitra Raghunath Kamble & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.702 & 703/Srt/2024 Ays: (2014-15 &2015-16) (Hybrid Hearing) Lexus Softmac, Deputy Commissioner Of F -3 To F-6, Gujarat Hira Bourse, Income-Tax, Circle 1(1)(1), बनाम/ Gems & Jewellery Park, Surat Room No.108, Vs. Ichchhapore, Aayakar Bhawan, Majura Surat - 394510 Gate, Opp. New Civil Hospital, Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aabfl 0495 P (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Appellant By Shri Deven K Kapadia, C.A. राज" की ओर से /Respondent By Shri Ajay Uke, Sr. Dr सुनवाई की तारीख/Date Of Hearing 19/08/2025 उद्घोषणा की तारीख/Date Of Pronouncement 25/09/2025

Section 143(3)Section 234ASection 250Section 271(1)(c)Section 69C

Surat and also from ITO, Ward - 2(3)(5), Surat that a survey action u/s.133A of the Act was undertaken by the Investigation Wing, Surat in the case of Shir Kamal J. Zaveri, proprietor of M/s. Rishit Corporation on 24.03.2015 and information was gathered that Mr. Zaveri was engaged ... bogus purchases of Rs.95,44,367/-. It was also observed that these bogus purchases of Rs.95,44,367/- had been detected by the Investigation Wing during the course of survey proceeding, who had also recorded the statements of the concerned person u/s.131 of the Act. In view of the same