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“bogus purchases”

DisallowancesSection 69CSection 69C9,532 judgments

The decision most relied on for bogus purchases is CIT v. Bholanath Poly Fab. Pvt. Ltd. (355 ITR 290), cited in 712 judgments on BharatTax.

Leading authorities on bogus purchases

CIT v. Bholanath Poly Fab. Pvt. Ltd.
355 ITR 290 · 2013 · High Court
712
citing judgments

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.

Sanjay Oilcake Industries v. CIT
316 ITR 274 · 2009 · High Court
460
citing judgments

In cases of alleged bogus or unverifiable purchases, rather than disallowing the entire purchase value, a reasonable profit element or a proportionate percentage of the purchases should be added back to the assessee's income.

Vijay Proteins Ltd. v. Asst. CIT
58 ITD 428 · 1996 · ITAT
430
citing judgments

Where purchases are found to be non-genuine or fictitious, a reasonable disallowance of 25% of such purchases or the peak credit, whichever is higher, can be made. This is applied to address unexplained expenditure under Section 69C when actual goods are likely procured from the grey market.

CIT v. Odeon Builders Pvt. ltd.
418 ITR 315 · 2019 · Supreme Court
408
citing judgments

Income tax additions cannot be sustained merely on the basis of uncorroborated statements or allegations. The Revenue must bring on record sufficient material and allow the assessee to produce evidence to prove such additions.

Nikunj Eximp Enterprises v. CIT
216 Taxmann 171 · 2013 · High Court
325
citing judgments

Purchases may be treated as genuine even if the purchase parties are untraceable or not available for verification, as long as there is no specific evidence from the parties themselves denying the transactions or proving them to be bogus.

CIT v. Shyam R. Pawar
54 Taxmann.com 108 · 2015 · High Court
279
citing judgments

Transactions involving the purchase and sale of shares cannot be considered bogus where the assessee provides documentary evidence, unless the revenue brings substantial evidence on record to reject such proof. This principle is consistently applied in cases concerning claims of bogus long-term capital gains arising from penny stock transactions.

CIT v. Simit P. Seth
38 Taxmann.com 385 · 2013 · High Court
278
citing judgments

When an assessee obtains accommodation bills for purchases but the corresponding sales are genuine, the addition to income is limited to the gross profit margin embedded in such purchases. This principle acknowledges that the underlying sales were real, but profit was suppressed through bogus invoices.

CIT v. Vijay M. Mistry Construction Ltd.
355 ITR 498 · 2013 · High Court
252
citing judgments

In cases of alleged bogus or hawala purchases where the existence of transactions is not entirely denied, only the profit element embedded in such purchases, and not the entire purchase price, can be added to the assessee's income. The focus is on determining a reasonable profit percentage for such additions.

Judgments citing bogus purchases

Income Tax Officer, Ward 3(2), Kalyan vs. Mukesh Odhavji Kamaliya, Pune

In the result appeal of the AO is dismissed

ITA 2767/MUM/2023[2010-11]Status: DisposedITAT Mumbai24 Jun 2024AY 2010-11

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 2767/Mum/2023 (A.Y. 2010-11) Vs. Ito, Mukesh Odhavji Kamaliya Ward 3(2) Flat No. 22, Building E2 2Nd Floor, Rani Mansion Prem Park, Masulkar Colony Near Murbad Road, Kalyan-W Corporation Maharashtra-421 301. Bank, Pune-411 018 Pan : Axzpk8408L (Appellant) (Respondent) Assessee By None Department By Shri R.R. Makwana Date Of Hearing 04.06.2024 Date Of Pronouncement 24.06.2024 O R D E R 1. This Appeal Is Filed By The Income Tax Officer Ward 3 (2), Kalyan (The Learned Assessing Officer) For Assessment Year 2010 – 11 Against The Appellate Order Passed By The National Faceless Appeal Centre (Nfac), Delhi (The Learned Cit – A) Dated 29/5/2023 Wherein The Appeal Filed By The Assessee Against The Assessment Order Passed By The Income Tax Officer On 19/2/2015 Under Section 143 (3) Read With Section 147 Of The Income Tax Act, 1961 (The Act) Was Partly Allowed. Therefore, The Assessing Officer Is Aggrieved & Is In Appeal Before Us. 2. The Solitary Ground Of The Appeal Of The Learned Assessing Officer Is That The Learned Cit – A Has Erred In Restricting The Disallowance To 25% Of Purchases Instead Of Hundred Percent Of Purchases Of Rs. 777,174/– From Non-Existent Vendor’S By Not Following The Decision Of The Honourable Gujarat High Court In Case Of Nk Proteins Ltd Versus Dcit Where In It Has Been Held That Once The Purchases Are Bogus, The Addition Should Be Made On The Entire Purchases & Not Only The Page 1 Of 4

Section 133Section 143Section 147Section 148Section 69C

Accordingly, the assessment order was passed under section 143 read with section 147 of the act on 19/2/2015 wherein the 100 % percent of the bogus purchases of Rs. 777,174/– was added to the total income of the assessee under section 69C of the act to the returned income ... decision of the honourable Gujarat High Court in case of Vijay proteins Ltd versus ACIT restricted the addition to the extent of 25% of bogus purchases. The learned assessing officer is aggrieved with the same and is in appeal before us. 5. The learned departmental representative vehemently submitted that

Dy. Commissioner of Income Tax, Central Circle 5(1), Mumbai. vs. Narendra G Mehta HUF, Mumbai

In the result, the appeal of the revenue is dismissed and Cross

ITA 3557/MUM/2023[2011-12]Status: DisposedITAT Mumbai19 Jun 2024AY 2011-12

Bench: Shri Amit Shukla & Shri Amarjit Singhdcit, C.C. 5(1) Vs. Narendra G. Mehta Huf, Room No.1928, 19Th Floor, Ground Floor, Pankaj Air India Building, Mahel, Opp, K.C. College, Nariman Point, Church Gate, Mumbai – 400021 Mumbai – 400020 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaahn8330A Appellant .. Respondent C.O No.25/Mum/2024 (A.Y. 2011-12) Narendra G. Mehta Huf, Vs. Dcit, C.C. 5(1) Ground Floor, Pankaj Room No.1928, 19Th Mahel, Opp, K.C. College, Floor, Air India Building, Church Gate, Nariman Point, Mumbai – 400020 Mumbai – 400021 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: : Aaahn8330A Appellant .. Respondent

For Appellant: M. SubramanianFor Respondent: Ashok Kumar Ambastha
Section 131Section 143(1)Section 143(3)Section 147Section 148Section 69C

facts and circumstances of the case and in law, the Ld. CIT(A) erred in restricting the addition of commission income from providing the bogus purchase entry @ 0.1% of the total bogus purchase as against the addition determined by the Assessing Officer @of 1% the total bogus purchase entry ... facts and circumstances of the case and in law, the Ld. CIT(A) erred in restricting the addition of commission income from providing the bogus purchase entry @ 0.1% of the total bogus purchase amount only on the basis that the Assessing Officer in the case of Narendra G. Mehta Individual