VAJRA TOOLS,MUMBAI vs. ITO, 27(3)(5), MUMBAI
What did the Tribunal hold?
The Tribunal held that 100% disallowance of purchases is not justified when sales are not doubted, as sales are impossible without purchases. The disallowance should be limited to the profit element embedded in such purchases.
What were the facts?
The assessee engaged in manufacturing diamond drill bits faced reopening of assessment due to alleged bogus purchases. Despite providing purchase vouchers and banking channel payments, suppliers were not produced, leading to a 100% disallowance of purchases.
What were the issues?
Whether 100% disallowance of purchases is permissible when sales are not doubted, and if not, how to quantify the disallowance for alleged bogus purchases.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCHES “SMC”, MUMBAI
Before: Shri Shamim Yahya
O R D E R These are appeals by the assessee wherein the assessee is aggrieved that the learned CIT(A) has erred in sustaining 100% disallowance on account of bogus purchases, vide orders for concerned assessment years as under:
Assessment Year Disallowance on account of alleged bogus purchase (Rs.) 2009-10 8,83,246
2010-11 1,51,268
2011-12 3,55,738
Brief facts of the case are that assessee in this case is engaged in the business of manufacture of Industrial Diamond Drill Bits. The assessment in this case was reopened upon receipt of information from the Sales Tax Department that assessee has made bogus purchases. The assessee submitted, the purchase vouchers and the payments were made through banking channel. However, the suppliers were not produced before the Assessing Officer. Sales in this case were not doubted, no adverse inference on any other aspect of assessee’s working was recorded. The Assessing Officer in this case has made 100% addition on account of bogus purchase . Upon assessees appeal learned CIT A confirmed the same.
Against above order of the CIT(A), assessee is in appeal before the ITAT.
I have heard the learned DR and perused the records. Upon careful consideration I find that assessee has provided the documentary evidence for the purchase. Adverse inferences have been drawn due to the inability of the assessee to produce the suppliers. I find that in this case the sales have not been doubted. It is settled law that when sales are not doubted, 100% disallowance for bogus purchase cannot be done. The rationale being no sales is possible without actual purchases. This proposition is supported from Hon’ble jurisdictional High Court decision in the case of Nikunj Eximp Enterprises (in Writ Petition No 2860, order dt 18.6.2014). In this case the Hon’ble High Court has upheld 100% allowance for the purchases said to be bogus when sales are not doubted. However, in that case all the supplies were to government agency.
In the present case, facts of the case indicate that assessee has made purchase from the grey market. Making purchases through the grey market gives the assessee savings on account of non-payment of tax and others at the expense of the exchequer. As regards the quantification of the profit element embedded in making of such bogus/unsubstantiated purchases by the assessee, I find, as held by Hon’ble High Court of Bombay in its recent judgment in the case of PCIT vs. M Haji Adam &Co (ITA No. 100 of 2016 dated 11/2/2019 in paragraph 8 there off) ,the addition in respect of bogus purchases is to be limited to the extent of bringing the gross profit rate on such purchases at the same rate as of other genuine purchases. Accordingly, I direct the Assessing Officer to follow the aforesaid Hon’ble Jurisdictional High Court decision and restrict the disallowance to the difference between the gross profit on normal purchases and the gross profit of the bogus purchases. I direct accordingly.
In the result the appeals are partly allowed. Order pronounced under Rule 34(4) of the ITAT Rules on 22/09/2020.
More judgments on Section 68
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Bliss Dealtrade Private Limited, Kolkata vs Income Tax Officer - Ward 9(2) Kolkata…ITA 208/KOL/2026[2012-13]Status: Disposed21 Oct 2026AY 2012-13
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
Recent GST High Court judgments
Search GST case law →- M/S Shivam Tiles House vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- Imtiyaz Shaikh Z Chorlekar vs. Salman ShaikhBombay · 21 Oct 2026
- Dr Babasaheb Ambedkar Marathwada University Thr Its Registrar Prashant S Amrutkar vs. Union Of INDIA Thr The Secretary And OthersBombay · 19 Oct 2026
- Babasaheb Ambedkar Marathwada University Thr Registrar Prashant S Amrutkar vs. Union Of INDIA Thr Secretary And OthersBombay · 19 Oct 2026
- Vinishma Technologies Private Limited vs. State Of KarnatakaKarnataka · 17 Oct 2026