CIT v. Bholanath Poly Fab. Pvt. Ltd.

355 ITR 290High Court2013#71 most cited

What is CIT v. Bholanath Poly Fab. Pvt. Ltd. authority for?

If an assessee makes purchases from bogus parties, but the underlying goods are genuinely acquired and sold, only the profit margin embedded in such purchases, and not the entire value of the bogus purchases, should be added to the assessee's income.

712

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2026.

Also referred to as

CIT v. Bholanath Poly Fab · 355 ITR 290 · bogus purchases · accommodation entry · unexplained expenditure · profit margin · gross profit rate · section 37(1) · section 68 · section 153A · genuineness of purchases · entire purchases addition

Issues it is cited on

Judgments citing CIT v. Bholanath Poly Fab. Pvt. Ltd.

INCOME TAX OFFICER 41(1)(1), MUMBAI vs. ANIL TRANSPORT SERVICE, MUMBAI

In the result, the appeal of the revenue bearing ITA No

ITA 5435/MUM/2025[2009]Status: DisposedITAT Mumbai07 Apr 2026

Bench: Shri Anikesh Banerjee & Ito 41(1)(1), Mumbai Vs Anil Transport Service Room No.830, Kautilya B-102, Harshad Apartment, E.E. Bhavan, Bkc, Bandra East Highway Behind Everad Nagar Sion Mumbai-400051 East, Mumbai-400022 Pan: Aalfa8944J Appellant Respondent Co No.90/Mum/2026 (Assessment Year: 2009-10) Anil Transport Service Vs Ito 41(1)(1) B-102, Harshad Apartment, Room No.830, Kautilya Bhavan, E.E. Highway Behind Everad Bkc, Bandra East Mumbai-400051 Nagar Sion East, Mumbai- 400022 Pan: Aalfa8944J Appellant Respondent Assessee By : Shri C.V.Dharkar Revenue By : Shri Surendra Mohan (Sr. Dr) Date Of Hearing : 01/04/2026 Date Of Pronouncement : 07/04/2026

For Appellant: Shri C.V.DharkarFor Respondent: Shri Surendra Mohan (Sr. DR)
Section 131Section 143(3)Section 250

…urchase price but only the profit element embedded in such purchases can be added to the income of the assessee. Similar view has been taken by the Gujarat High Court in the cases of Vijay M Mistry Construction P Ltd (355 ITR 498), Bholanath Poly Fab (P) Ltd (355 ITR 290) and Vijay Proteins Ltd. (58 Taxmann.com 44),In the decision of Hon'ble Bombay High Court in case of 6 ITA No.5435/Mum/2025 and CO No.90/Mum/2026 Anil Transport Service RishabhdevTechnocable Ltd., [2020] 115 taxmann.com 333 (Bombay), the Jurisdictional High Court has held that in a case where the parties from whom such purchases were allegedly ma…

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