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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

DCIT, Cir. -7(1), Kolkata vs. M/S Shree Jewellers Pvt. Ltd., Kolkata

In the result, all the three appeals of the Revenue stand dismissed

ITA 593/KOL/2021[2012-13]Status: DisposedITAT Kolkata24 Nov 2022AY 2012-13

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.591,592&593/Kol/2021 Assessment Years: 2007-08, 2011-12 & 2012-13 Dcit, Circle-7(1), Kolkata.................................................................……Appellant Vs. M/S Shreejee Jewellers Pvt. Ltd..…...................……........……...…..…..Respondent 103, Park Street, Kolkata-700016. [Pan: Aaecs8312C] Appearances By: Shri Rajeeva Kumar, Ar, Appeared On Behalf Of The Appellant. Shri Partha Pratim Barman, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 11, 2022 Date Of Pronouncing The Order : November 24, 2022 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Revenue Against The Separate Orders All Dated 23.06.2021 Of The National Faceless Appeal Centre (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since, The Appeals Pertained To The Same Assessee & Common Issues Are Involved & Hence, All These Appeals Have Been Heard Together & Are Being Disposed Off By This Common Order. The Revenue’S Appeal Ita No.591/Kol/2021 For Assessment Year 2007-08 Is Taken As The Lead Case. 2. Ita No.591/Kol/2021 - The Revenue In This Appeal Has Taken The Following Grounds Of Appeal:

Section 132(4)Section 143(1)Section 250Section 69C

impugned assessment order assessing the income of the assessee at Rs.1,59,73,026/- after disallowing a sum of Rs.1,49,20,200/- as bogus purchases under the provisions of section 69C of the Act. 4. Being aggrieved by the said order of the Assessing Officer, the assessee preferred appeal ... arise. Thus, the transactions made with the concerned parties were all genuine and there was no scope of treating the transaction as "bogus purchase". The assessee also relied upon the CBDT’s instructions to its officers vide letter F.No.286/2/2003/IT(Inv) dated 11.03.2003, wherein, it has been instructed that

DCIT, Cir. -7(1), Kolkata vs. M/S Shree Jewellers Pvt. Ltd., Kolkata

In the result, all the three appeals of the Revenue stand dismissed

ITA 592/KOL/2021[2011-12]Status: DisposedITAT Kolkata24 Nov 2022AY 2011-12

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.591,592&593/Kol/2021 Assessment Years: 2007-08, 2011-12 & 2012-13 Dcit, Circle-7(1), Kolkata.................................................................……Appellant Vs. M/S Shreejee Jewellers Pvt. Ltd..…...................……........……...…..…..Respondent 103, Park Street, Kolkata-700016. [Pan: Aaecs8312C] Appearances By: Shri Rajeeva Kumar, Ar, Appeared On Behalf Of The Appellant. Shri Partha Pratim Barman, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 11, 2022 Date Of Pronouncing The Order : November 24, 2022 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Revenue Against The Separate Orders All Dated 23.06.2021 Of The National Faceless Appeal Centre (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since, The Appeals Pertained To The Same Assessee & Common Issues Are Involved & Hence, All These Appeals Have Been Heard Together & Are Being Disposed Off By This Common Order. The Revenue’S Appeal Ita No.591/Kol/2021 For Assessment Year 2007-08 Is Taken As The Lead Case. 2. Ita No.591/Kol/2021 - The Revenue In This Appeal Has Taken The Following Grounds Of Appeal:

Section 132(4)Section 143(1)Section 250Section 69C

impugned assessment order assessing the income of the assessee at Rs.1,59,73,026/- after disallowing a sum of Rs.1,49,20,200/- as bogus purchases under the provisions of section 69C of the Act. 4. Being aggrieved by the said order of the Assessing Officer, the assessee preferred appeal ... arise. Thus, the transactions made with the concerned parties were all genuine and there was no scope of treating the transaction as "bogus purchase". The assessee also relied upon the CBDT’s instructions to its officers vide letter F.No.286/2/2003/IT(Inv) dated 11.03.2003, wherein, it has been instructed that

DCIT, Cir. -7(1), Kolkata vs. M/S Shree Jewellers Pvt. Ltd., Kolkata

In the result, all the three appeals of the Revenue stand dismissed

ITA 591/KOL/2021[2007-08]Status: DisposedITAT Kolkata24 Nov 2022AY 2007-08

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.591,592&593/Kol/2021 Assessment Years: 2007-08, 2011-12 & 2012-13 Dcit, Circle-7(1), Kolkata.................................................................……Appellant Vs. M/S Shreejee Jewellers Pvt. Ltd..…...................……........……...…..…..Respondent 103, Park Street, Kolkata-700016. [Pan: Aaecs8312C] Appearances By: Shri Rajeeva Kumar, Ar, Appeared On Behalf Of The Appellant. Shri Partha Pratim Barman, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 11, 2022 Date Of Pronouncing The Order : November 24, 2022 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Revenue Against The Separate Orders All Dated 23.06.2021 Of The National Faceless Appeal Centre (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since, The Appeals Pertained To The Same Assessee & Common Issues Are Involved & Hence, All These Appeals Have Been Heard Together & Are Being Disposed Off By This Common Order. The Revenue’S Appeal Ita No.591/Kol/2021 For Assessment Year 2007-08 Is Taken As The Lead Case. 2. Ita No.591/Kol/2021 - The Revenue In This Appeal Has Taken The Following Grounds Of Appeal:

Section 132(4)Section 143(1)Section 250Section 69C

impugned assessment order assessing the income of the assessee at Rs.1,59,73,026/- after disallowing a sum of Rs.1,49,20,200/- as bogus purchases under the provisions of section 69C of the Act. 4. Being aggrieved by the said order of the Assessing Officer, the assessee preferred appeal ... arise. Thus, the transactions made with the concerned parties were all genuine and there was no scope of treating the transaction as "bogus purchase". The assessee also relied upon the CBDT’s instructions to its officers vide letter F.No.286/2/2003/IT(Inv) dated 11.03.2003, wherein, it has been instructed that