LAXMI JOSHI,NEW DELHI vs. INCOME TAX OFFICER, NEW DELHI
What did the Tribunal hold?
The Tribunal decided that a lumpsum disallowance of 5% of the alleged bogus purchases would be just and proper, without setting a precedent. The assessee's book entries were rejected to this extent.
What were the facts?
The assessee's purchases of Rs. 39,27,406/- were treated as bogus by the lower authorities. The assessee is engaged in the wholesale trading of steel, and their corresponding sales were not questioned.
What were the issues?
Whether purchases from specific parties were bogus and the appropriate disallowance in such cases, considering divergent judicial views.
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
Before: SHRI SATBEER SINGH GODARA
IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: “SMC” NEW DELHI
BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER
ITA No.5491/Del/2026 Assessment Year:2017-18 Laxmi Joshi, Vs. INCOME TAX OFFICER, 92, 1st floor, Chilla, Mayur NATIONAL FACELESS Vihar, Phase-I Extension, East ASSESSMENT CENRE, Delhi, New Delhi – 110 091 DELHI – 110001 PAN: ACUPJ2817N (Appellant) (Respondent)
Assessee by Ms. Rajkumari, CA (Through VC) 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 2017-18, 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/250/2025-26/108797928411,
dated 27.03.2026 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.
It emerges during the course of hearing that the assessee
presses for his sole substantive ground on merits challenging
ITA No.5491/Del/2026
both the learned lower authorities’ action treating its purchases of
Rs.39,27,406/- in AY 2017-18, sourced from M/s Disha Traders
and Sunrise Trading Co. as bogus ones under section 69C of the
Act, in the assessment order dated 19.5.2023, 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 trading in steel on wholesale basis etc. all along
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-trib.) DCIT
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ITA No.5491/Del/2026
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.39,27,406/-, 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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