SANDEEP SINGH,BHIWANI vs. ITO WARD -1, BHIWANI
What did the Tribunal hold?
The Tribunal decided to make a lumpsum disallowance of 5% of the alleged bogus purchases. This disallowance is not to be treated as a precedent.
What were the facts?
The assessee's purchases of Rs. 15,80,242/- were treated as bogus by the lower authorities. The assessee is engaged in construction business, and their corresponding sales were not questioned.
What were the issues?
Whether purchases treated as bogus by the revenue authorities are indeed bogus, and if so, what is the appropriate disallowance.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: “SMC” NEW DELHI
IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: “SMC” NEW DELHI
BEFORESHRI SATBEER SINGH GODARA, JUDICIAL MEMBER
ITA No.5028/Del/2026 Assessment Year:2019-20 SANDEEP SINGH, Vs. INCOME TAX OFFICER, Prop. Sandeep Singh WARD-1, Contractor, BHIWANI, 37, Devi Lal Colony, HARAYANA Bhiwani, Haryana-127021 PAN: ARIPS8770Q (Appellant) (Respondent)
Assessee by Sh. Somil Agarwal, Adv. & Sh. Deepesh Garg, Adv. Department by Sh. Nirmal Nangia, Sr. DR Date of hearing 08.07.2026 Date of pronouncement 08.07.2026
ORDER This assessee’s appeal for assessment year 2019-20, arises
against the Commissioner of Income Tax (Appeals)/National
Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN
and order no. ITBA/NFAC/S/250/2026-27/1088504779(1),
dated 17.04.2026 involving proceedings under section 147 r.w.s.
144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the
Act’).
Heard both the parties. Case file perused.
ITA No.5028/Del/2026
It emerges during the course of hearing that the assessee
presses for his sole substantive ground on merits challenging
both the learned lower authorities’ action treating its purchases of
Rs.15,80,242/- in AY 2019-20, sourced from Mr. Sanjay Jain as
bogus ones under section 69C of the Act, in the assessment order
dated 27.2.2025, and upheld in the lower appellate discussion.
That being the case, both the parties vehemently reiterate
their respective stands against and in support of the impugned
bogus purchases disallowance. I wish to make it clear that there
is no dispute in principle that the assessee is engaged in the
business of construction wherein possibility of cash turnover in
such an unorganized activity could not be altogether ruled out.
And that his corresponding sales have nowhere been questioned
in both the lower proceedings. Various recent precedents (2025)
173 taxmann.com 592 (Guj.) Ravjibhai Becharbhai Dhamelia vs.
ACIT; (2024) 160 taxmann.com 110 (Bom) PCIT Vs. Hitesh Mody
(HUF), (2024) 160 taxmann.com 93 (Del) PCIT Vs. Forum Sales (P)
Ltd.; (2025) 172 taxmann.com 283 (Bom) PCIT Vs. Kanak Impex
(India) Ltd; (2025) 178 taxmann.com 424 (Del. – Trib.) DCIT Vs.
Kohinoor Foods Ltd.; and (2025) 177 taxmann.com 836 (Delhi-
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ITA No.5028/Del/2026
trib.) DCIT Vs. Tirupati Matsup (P.) Ltd. have recently decided the
instant issue of bogus purchases with divergent views as well.
Faced with these peculiar facts, it is thus deemed
appropriate in the larger interest of justice that a lumpsum
disallowance @ 5% of the assessee’s alleged bogus purchases
amounting to Rs.15,80,242/-, would be just and proper with a
rider that the same shall not be treated as a precedent. The
assessee’s book entries are hereby rejected to the very extent.
Necessary computation shall follow as per law.
No other ground or argument has been pressed.
This assessee’s appeal is partly allowed in above terms.
Order pronounced in the open court on 8th July, 2026.
Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated: 27th July, 2026. SR BHATNAGAR Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi
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More judgments on Section 69C
- Jitendrakumar Bhikhabhai Shrimali, Mehsana vs ITO Ward 1, MehsaanaITA 1290/AHD/2026[2017-18]Status: Disposed21 Oct 2026AY 2017-18
- Sonu Jain, Agra vs ITO WD(1)(1)(2), AgraITA 671/AGR/2026[2024-25]Status: Disposed16 Oct 2026AY 2024-25
- Mritunjay Singh, Kudra vs AO, SasaramITA 454/PAT/2026[2017-2018]Status: Disposed16 Oct 2026AY 2017-2018
- Shantilal Mafaji Kachchhava, Banaskantha vs ITO WD 1 Palanpur, PalanpurITA 2256/AHD/2026[2023-24]Status: Disposed16 Oct 2026AY 2023-24
- Madhusudhan Gade, Nizamabad vs ITO., Ward-1, NizamabadITA 379/HYD/2025[2017-18]Status: Disposed16 Oct 2026AY 2017-18
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