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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

D. Ravilal Resources Management Pvt. Ltd.(Formerly Known As) M/S. Generic Engineering & Construction Pvt. Ltd., Mumbai vs. DCIT 10 (2), Mumbai

In the result, the appeal filed by the assessee is treated as allowed for statistical purposes

ITA 469/MUM/2022[2009-10]Status: DisposedITAT Mumbai10 Aug 2022AY 2009-10

Bench: Shri Pavan Kumar Gadale & Shri Amarjit Singhm/S D Ravilal Resources Vs. Dcit – 10(2) Management Pvt Ltd., Kautilya Bhavan (Formerly Known As M/S. Bkc, Bandra (E) Generic Engineering & Mumbai – 400051. Construction Pvt Ltd) No. A-206, 2Nd Floor, Zest Business Centre, Mg Road, Ghatkopar (E), Mumbai – 400075. Pan/Gir No. : Aaccg2374E Appellant .. Respondent Appellant By : None Respondent By : Smt. Mahita Nair.Dr Date Of Hearing 04.08.2022 Date Of Pronouncement 08.08.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals) – 22, Mumbai Passed U/S 143(3) R.W.S 147 & 250. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: NoneFor Respondent: Smt. Mahita Nair.DR
Section 143(2)Section 143(3)Section 148Section 292B

income of Rs.1,47,46,250/-.Subsequently the Assessing Officer(A.O.) has received the information from DGIT(Inv), Mumbai that the assessee has obtained bogus purchases bills from the dealers and is M/s. D Ravialal Resources Management Pvt Ltd., Mumbai. one of the beneficiary. During ... additional information and is of the opinion that the assessee could not substantiate with genuineness of the transactions and made addition of bogus purchases of Rs. 63,26,104/- and assesseed the total income of Rs. 2,10,72,350/- and passed order u/s 143(3) r.w.s

M/S. Specific Assignments Pvt. Ltd, Mumbai vs. ITO 8(2) (3), Mumbai

In the result, appeal by the assessee is partly allowed

ITA 2069/MUM/2021[2010-11]Status: DisposedITAT Mumbai10 Aug 2022AY 2010-11

Bench: Shri Vikas Awasthy & Shri S.Rifaur Rahman आअसं.2069/मुं/2021 ("न.व. 2010-11) M/S. Specific Assignments Pvt. Ltd. 339, Pragati Industrial Estate, Nm Joshi Marg, Lower Parel, Mumbai 400 011 Pan: Aagcs-2117-K ...... अपीलाथ" /Appellant बनाम Vs. Income Tax Officer 8(2)(3), Mumbai. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Jayant Bhatt ""तवाद" "वारा/Respondent By : Shri Anil Gupta सुनवाई क" "त"थ/ Date Of Hearing : 17/05/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 10/08/2022 आदेश/ Order Per Vikas Awasthy, Jm:

For Appellant: Shri Jayant BhattFor Respondent: Shri Anil Gupta
Section 147Section 3

Income Tax Act, 1961 [ in short ‘the Act’], as well as addition of Rs.24,41,715/- on account of alleged bogus purchases. 2 3. Shri Jayant Bhatt appearing on behalf of the assessee restricted his submissions only to the ground No.4 assailing addition on account of bogus purchases. The ld.Authorized ... assessee was reopened on the basis of information received from Sales Tax Department, Government of Maharashtra. As per the information the assessee allegedly obtained bogus purchase bills amounting to Rs.24,41,715/- from Padmavati Enterprises during the period relevant to the assessment year under appeal. The Assessing Officer made addition

Rizwan Rehhan Malik, Mumbai vs. ITO 26(2)(5), Mumbai

In the result, the appeal filed by the assessee is partly allowed

ITA 2816/MUM/2017[2009-10]Status: DisposedITAT Mumbai10 Aug 2022AY 2009-10

Bench: Shri Pavan Kumar Gadale & Shri Amarjit Singhrizwan Rehan Malik Vs. Ito – 26(2)(5) 18, Friends Housing Mumbai. Society, Lbs Marg, Sakinaka, Mumbai –400072 Pan/Gir No. : Amqpm7948D Appellant .. Respondent Appellant By : None Respondent By : Smt. Mahita Nair.Dr Date Of Hearing 01.08.2022 Date Of Pronouncement 08.08.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals) – 38, Mumbai Passed U/S 143(3) R.W.S 147 R.W.S 263 & 250. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: NoneFor Respondent: Smt. Mahita Nair.DR
Section 143(3)Section 147Section 271Section 271(1)(C)Section 271(1)(c)Section 40

Subsequently the A.O has received Rizwan Rehan Malik., Mumbai. information from the sales tax department regarding the transactions of bogus purchases without actual delivery of goods, were the assessee has obtained bogus bills of Rs.4,16,000/- from M/s R.K.Ispat and the Assessing Officer (A.O.) has issued the notice ... grounds of appeal, submissions of the Rizwan Rehan Malik., Mumbai. assessee and findings of the AO and in respect of two issues (i) the bogus purchases, the CIT(A) has relied on the judicial decisions and considering the profit element has sustained the addition to the extent

Yogesh Shashikant Saraswate, Pune vs. Deputy Commissioner of Income-Tax, Circle - 7, Pune

In the result, the appeal is allowed for statistical purposes

ITA 779/PUN/2019[2009-10]Status: DisposedITAT Pune05 Aug 2022AY 2009-10

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.779/Pun/2019 िनधा"रणवष" / Assessment Year : 2009-10 Shri Yogesh Shashikant The Dcit, Circle-7, Pune. Saraswate, Vs 539, Clover Centre, Moledina Road, Pune – 411001. Pan: Akzps 7487 E Appellant/ Assessee Respondent /Revenue Assessee By None. Revenue By Shri Sardar Singh Meena – Dr Date Of Hearing 18/07/2022 Date Of Pronouncement 05/08/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-10, Pune For The A.Y. 2009-10 Dated 18.03.2019, Emanating Out Of Order Under Section 144 R.W.S 147 Of The I.T.Act, 1961. The Assessee Raised The Following Grounds Of Appeal:

Section 143(3)Section 144Section 148

learned DCIT, Circle 7, Pune (hereinafter referred to as the learned AO) amounting to Rs.7,26,37,717/- on account of alleged bogus purchases. 2. The learned CIT(A) erred in law and on facts in sustaining the addition made by the learned AO without appreciating that the learned ... only issue raised by way of above grounds is against the confirmation of addition of Rs.7,26,37,717/- on account of bogus purchases at 100% of the amount of purchases. 3. Briefly stated, the facts of the case are that the assessee is engaged in the business of trading

Shailesh Navinchandra Shah, Mumbai vs. ITO WD 20(3) (3), Mumbai

In the result, appeal by the assessee is partly allowed in the terms aforesaid

ITA 2138/MUM/2021[2011-12]Status: DisposedITAT Mumbai05 Aug 2022AY 2011-12

Bench: Shri Vikas Awasthy & Shri S.Rifaur Rahman आअसं.2138/मुं/2021 ("न.व. 2011-12) Shailesh Navinchandra Shah, 6/321 Ravikiran, 1St Floor, Devdhar Road, Matunga, Mumbai 400 019 Pan: Aayps-6030-Q ...... अपीलाथ" /Appellant बनाम Vs. Income Tax Officer 20(3)(3), Room No.614, 6Th Floor, Piramal Chamber, Parel, Mumbai 400 012. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : None ""तवाद" "वारा/Respondent By : Shri Anil Gupta सुनवाई क" "त"थ/ Date Of Hearing : 17/05/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 05/08/2022 आदेश/ Order Per Vikas Awasthy, Jm:

For Appellant: NoneFor Respondent: Shri Anil Gupta
Section 133(6)

solitary issue assailed by the assessee in appeal is confirmation of disallowance to the extent of 25% of the alleged bogus purchases. 2 3. The assessee is a senior citizen and has filed the written submissions with a prayer to decide the appeal on the basis of the same ... basis of information received from the Sales Tax Department, Government of Maharashtra /DGIT (Investigation). As per information received, the assessee has obtained bogus purchase bills aggregating to Rs.10,25,725/- from the following hawala operators during the period relevant to the assessment year under appeal: S.No. Name of the party

Prince Gold & Diamonds India P Ltd, Chennai vs. DCIT, CC-1(4), Chennai

In the result, both the appeals filed by the assessee are allowed

ITA 428/CHNY/2021[2012-13]Status: DisposedITAT Chennai03 Aug 2022AY 2012-13

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.427 & 428/Chny/2021 िनधा"रण वष"/Assessment Years: 2011-12 & 2012-13 M/S. Prince Gold & Diamonds India Vs. The Deputy Commissioner Of P. Ltd., 3, Nana Street, T. Nagar, Income Tax, Chennai 600 017. Central Circle 1(4), Chennai. [Pan: Aaecp1891R] (अपीलाथ" /Appellant) (""थ"/Respondent) Assessee By : Shri D. Palanivel, Advocate Department By : Ms. L. Jancy Elizabeth Rani, Jcit सुनवाई की तारीख/ Date Of Hearing 28.06.2022 : घोषणा की तारीख /Date Of Pronouncement : 03.08.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 18, Chennai, Both Dated 31.08.2021 Relevant To The Assessment Years 2011-12 & 2012-13. Besides Challenging Reopening Of Assessment Under Section 147 Of The Income Tax Act, 1961 [“Act”], The Assessee Has Also Disputed The Confirmation Of Disallowance Of Purchase On Merits In Both The Assessment Years Under Consideration.

For Appellant: Shri D. Palanivel, AdvocateFor Respondent: Ms. L. Jancy Elizabeth Rani, JCIT
Section 143(2)Section 143(3)Section 147Section 148

Manish Bhanwarlal Jain are operating and managing 70 benami concerns in the names of their employees through which they provide accommodation entries of bogus. purchases to various beneficiaries. It has come to light that the assessee, Prince Gold and Diamonds India Pvt. Ltd is one of the beneficiaries, who have ... taken accommodation entries of bogus purchases to the tune of Rs.22,851100/- from M/s. Millennium Stars and Rs.86,22,5607- from M/s. Pankaj Exports which are among the concerns of Sri. Bhanwarlal Jain and family. In view of the above, I have reason to believe that income of Rs.1

Prince Gold & Diamonds India P Ltd, Chennai vs. DCIT, CC-1(4), Chennai

In the result, both the appeals filed by the assessee are allowed

ITA 427/CHNY/2021[2011-12]Status: DisposedITAT Chennai03 Aug 2022AY 2011-12

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.427 & 428/Chny/2021 िनधा"रण वष"/Assessment Years: 2011-12 & 2012-13 M/S. Prince Gold & Diamonds India Vs. The Deputy Commissioner Of P. Ltd., 3, Nana Street, T. Nagar, Income Tax, Chennai 600 017. Central Circle 1(4), Chennai. [Pan: Aaecp1891R] (अपीलाथ" /Appellant) (""थ"/Respondent) Assessee By : Shri D. Palanivel, Advocate Department By : Ms. L. Jancy Elizabeth Rani, Jcit सुनवाई की तारीख/ Date Of Hearing 28.06.2022 : घोषणा की तारीख /Date Of Pronouncement : 03.08.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 18, Chennai, Both Dated 31.08.2021 Relevant To The Assessment Years 2011-12 & 2012-13. Besides Challenging Reopening Of Assessment Under Section 147 Of The Income Tax Act, 1961 [“Act”], The Assessee Has Also Disputed The Confirmation Of Disallowance Of Purchase On Merits In Both The Assessment Years Under Consideration.

For Appellant: Shri D. Palanivel, AdvocateFor Respondent: Ms. L. Jancy Elizabeth Rani, JCIT
Section 143(2)Section 143(3)Section 147Section 148

Manish Bhanwarlal Jain are operating and managing 70 benami concerns in the names of their employees through which they provide accommodation entries of bogus. purchases to various beneficiaries. It has come to light that the assessee, Prince Gold and Diamonds India Pvt. Ltd is one of the beneficiaries, who have ... taken accommodation entries of bogus purchases to the tune of Rs.22,851100/- from M/s. Millennium Stars and Rs.86,22,5607- from M/s. Pankaj Exports which are among the concerns of Sri. Bhanwarlal Jain and family. In view of the above, I have reason to believe that income of Rs.1

ITO 27(2) (1), Mumbai vs. Shri Paresh Pravinchandra Parekh, Mumbai

In the result, appeal by the Revenue is dismissed

ITA 2367/MUM/2021[2010-11]Status: DisposedITAT Mumbai02 Aug 2022AY 2010-11

Bench: Shri Vikas Awasthyआअसं. 2367/मुं/2021 ("न.व 2010-11) Ito-27(2)(1), Room No.413, 4Th Floor, Tower No.6, Vashi Railway Station Complex, Vashi, Navi Mumbai – 400 703 ...... अपीलाथ" /Appellant बनाम Vs. Shri Paresh Pravinchandra Parekh, Compusystem, 34, Parmeshwar Dhar, Rajawadi Road No.7, Ghatkopar (E), Mumbai 400 077. Pan: Aabpp-4458-L . ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Ms. Beena Santosh ""तवाद" "वारा/Respondent By : S/ Shri Shyam Saboo & D.C.Saboo सुनवाई क" "त"थ/ Date Of Hearing : 02/08/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 02/08/2022

For Appellant: Ms. Beena SantoshFor Respondent: S/ Shri Shyam Saboo & D.C.Saboo
Section 133(6)Section 143(3)

notices were received back from Postal Authorities unserved with remarks “left” or “not known”. Hence, the Assessing Officer made addition of the entire alleged bogus purchases. Aggrieved by the assessment order dated 16/03/2016 passed under section 143(3) r.w.s 147 of the Act, the assessee filed appeal before ... after considering the submissions of assessee and various decisions upheld the findings of the Assessing Officer to the extent that the assessee has obtained bogus purchase bills , however, CIT(A) restricted the disallowance in respect of bogus purchases to 12.5%. Hence, the present appeal by the Revenue. 3. Ms.Beena Santosh