SRI MULCHAND JAIN,PALAMU vs. ACIT,CIRCLE-3, RANCHI
What did the Tribunal hold?
The Tribunal held that only the profit element of bogus purchases should be disallowed, not the entire purchase amount. It directed the Assessing Officer to accept the profit at the declared rate of 7%.
What were the facts?
The assessee's appeal concerns an addition of Rs. 7,19,078/- made for bogus purchases from hawala dealers. The Assessing Officer and CIT(A) disallowed the entire purchases, while the corresponding sales were accepted.
What were the issues?
The primary issue was the correctness of disallowing entire bogus purchases. The tribunal considered whether only the profit element should be taxed in such cases.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RANCHI, ‘E’COURT, AT KOLKATA
Before: SHRI S.S. GODARA, JM &DR. A.L.SAINI, AM
आदेश / O R D E R Per Bench (Oral):
This assessee’s appeal for assessment year 2011-12 is directed against the CIT(A)-Jharkhand’s order dated 06/12/2018 in appeal no. CIT(A), Ranchi/10196/2017-18 involving proceedings u/s 143(3) r.w.s. 263 of the Income Tax Act, 1961 ( in short the ‘Act’). Heard both the parties. Case file perused.
The sole substantive issue that arises for our apt adjudication in the instant case is that of correctness of bogus purchases disallowance / addition amounting to Rs. 7,19,078/- made in both the lower proceedings. It is not in dispute that the impugned disallowance has been made because of profit that the assessee has been found to have made bogus purchases from hawala dealers based in Maharashtra
Sri Mulchand Jain A.Y. 2011-12 after a detailed investigation carried out in the said state. It is on the strength of the said investigation that the Assessing Officer as well as CIT(A) have disallowed the assessee’s entire purchases whereas the corresponding sales already stand accepted. We quote hon’ble Bombay high court in the case of PCIT vs. Mohd. Haji Adam in of 2016 dated 11.02.2019 that only the profit element in such alleged bogus purchases has to be disallowed. We therefore direct the Assessing Officer to accept assessee’s profit @ 7% as already declared in the consequential computation as per law.
In the result, the assessee’s appeal is allowed in above terms.
Order pronounced in the Court on 31.07.2020
More judgments on Section 263
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
Recent GST High Court judgments
Search GST case law →- M/S Jsw Cement Limited,Jajpur vs. State Of OdishaOrissa · 16 Oct 2026
- M/S.Sreeshobi Enterprises vs. The Appellate AuthorityMadras · 16 Oct 2026
- S.T.Promotors vs. The Commercial Tax OfficerMadras · 16 Oct 2026
- Prashanti Das (M/S. Panchamukhi Enterprises) vs. Assistant Commissioner Of State Tax, CT And GST, Jagatsinghpur CircleOrissa · 16 Oct 2026
- M/S Utkal Highways, Bidanasi vs. Union Of INDIAOrissa · 16 Oct 2026