M/S.AMAN CORPORATE,MUMBAI vs. ITO 17(1)(1), MUMBAI
What did the Tribunal hold?
The Tribunal held that a 100% disallowance for bogus purchases is not justified when sales are not doubted, as sales are impossible without actual purchases. However, the disallowance should be restricted to the profit element embedded in such purchases.
What were the facts?
The assessee, engaged in dealing in gifts and novelties, faced reopening of assessment due to information about bogus purchases. While the assessee provided purchase vouchers and made payments through banking channels, suppliers were not produced. The Assessing Officer made a 12.5% addition on account of alleged bogus purchases.
What were the issues?
Whether a 12.5% disallowance on account of bogus purchases is sustainable when sales are not doubted, and if so, how the profit element should be quantified.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” Bench, Mumbai
Before: Shri Shamim Yahya (AM)
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
These are appeals by the assessee wherein the assessee is aggrieved that the learned CIT-A has erred in sustaining 12.5% disallowance on account of bogus purchases pertaining to assessment years 2009-10 & 2010-11.
Brief facts of the case are that assessee in this case is engaged in business of dealing in gifts and novelty. 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.
The income tax officer in this case has made 12.5% addition on account of bogus purchase resulting in disallowance of Rs. 7,30,617/- for A.Y. 2009-10
2 M/s. Aman Corporate pand Rs. 5,63,551/- for A.Y. 2010-11. Upon assessee’s appeal Id CIT(A) confirmed the same.
Against above order assessee is in appeal before the ITAT. I have heard both the counsel and perused the records.
Upon careful consideration I find that assessee has provided the documentary evidence for the purchase. Adverse inference has 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, hundred percent disallowance for bogus purchase cannot be done. The rationale being no sales is possible without actual purchases. This proposition is supported from honourable 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 honourable High Court has upheld hundred percent 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 the 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 that it is the submission of the learned Counsel of the assessee that it will be doubled prejudice if the gross profit already declared is not reduced from the standard 12.5% being disallowed on account of bogus purchases.
Upon careful consideration I find considerable cogency in the above submission. Accordingly, I direct that disallowance in this case be restricted to 12.5% of the bogus purchase as reduced by the gross profit already declared by the assessee. If the gross profit already show in is more than 12.5% no 3 M/s. Aman Corporate disallowance will be made. Learned Counsel of the assessee fairly agreed to the above.
In the result, these assessee's appeals stand partly allowed.
Order has been pronounced in the Court on 13.11.2019.
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 →- Aashutosh vs. The State Of Madhy PradeshMadhya Pradesh · 23 Oct 2026
- M/S Barnala Steel Industries Private Limited vs. State Of Uttar Pradesh And 2 OthersAllahabad · 22 Oct 2026
- Skd Suppliers Private Limited vs. The Superintendent, Central CGST, Rishra Division, Range-Ii, And AnrCalcutta · 22 Oct 2026
- M/S Aasha Industries vs. State Of U.P. And AnotherAllahabad · 22 Oct 2026
- M/S Bharat Iron Scrap vs. State Of U.P. And AnotherAllahabad · 22 Oct 2026