SMT.RAMILA JETHMAL BOTHRA,MUMBAI vs. INCOME TAX OFFICER WARD 19(3)(1), MUMBAI
What did the Tribunal hold?
The Tribunal held that since sales were not doubted, a 100% disallowance for bogus purchases was not justified. However, purchases from the 'grey market' warranted some disallowance. The disallowance was directed to be 12.5% of the bogus purchases, reduced by the gross profit already declared.
What were the facts?
The assessee, engaged in metal trading, faced reopening of assessment due to information about bogus purchases. While purchase vouchers and banking transactions were provided, suppliers were not produced. The Assessing Officer made a 12.5% addition on account of alleged bogus purchases.
What were the issues?
The primary issue was the extent of disallowance for purchases where suppliers could not be produced, despite sales not being doubted. The Tribunal also considered the implication of grey market purchases on the quantum of disallowance.
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, for assessment years 2009-10 & 2010-11.
Brief facts of the case are that assessee in this case is engaged in trading in ferrous and non ferrous metal. 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. 7,49,170/- for A.Y. 2010-11 and Rs. 4,96,404/- for A.Y. 2009-10. Upon assessees appeal Id CIT(A) confirmed the same.
2 Smt. Ramila Jethmal Bothra
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. In my considered opinion on the facts and circumstances of the case are disallowance of 12.5% out of the bogus purchases meets the end of justice. However in this regard learned Counsel of the assessee has submitted that if the profit earned on account of the bogus purchases is to be taxed gross profit already declared should be reduced from the disallowance at the rate of 12.5%, as otherwise there will be prejudice to the assessee.
Upon careful consideration I find considerable cogency the submission of the learned Counsel of the assessee. Hence, I direct the Assessing Officer to make the disallowance at the rate of 12.5% of the bogus purchase as reduced by the gross profit already declared by the assessee. Learned Counsel of the assessee fairly agreed to the above proposition.
3 Smt. Ramila Jethmal Bothra
In the result, these assessee's appeals stand partly allowed. Order has been pronounced in the Court on 23.9.2019.
More judgments on Section 69
- Azure Knowledge Corporation Private… vs The Dy.CIT, Circle-1(1)(1), AhmedabadITA 2013/AHD/2024[2018-19]Status: Disposed19 Oct 2026AY 2018-19
- Naresh Chandra Khattar, Agra vs ITO Ward-1(1)(2), AgraITA 475/AGR/2026[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Ranchhodbhai Kurjibhai Kakadiya, Rajkot vs Income Tax Officer, Ward-1(1)(1), RajkotITA 553/RJT/2025[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Gorantla Rahul Kumar, Visakhapatnam vs The Asst. Commissioner of Income Tax…ITA 670/VIZ/2025[2021-22]Status: Disposed16 Oct 2026AY 2021-22
- Gorantla Rahul Kumar, Visakhapatnam vs The Asst. Commissioner of Income Tax…ITA 669/VIZ/2025[2020-21]Status: Disposed16 Oct 2026AY 2020-21
Recent GST High Court judgments
Search GST case law →- Commissioner/Additional Commissioner Of Central Tax vs. M/S INDIA Agro Exports Private LimitedKarnataka · 28 Oct 2026
- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026
- M/S. Rohit Medical Systems vs. Commissioner Of Delhi Goods And Services Tax And Anr.Delhi · 28 Oct 2026
- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026
- Shivam Kumar vs. The State Of BiharPatna · 28 Oct 2026