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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

Asst. CIT - 32(1), Mumbai vs. Shri Vijay Bhogilal Shah, Mumbai

The appeal stand dismissed

ITA 106/MUM/2021[2009-10]Status: DisposedITAT Mumbai25 Oct 2021AY 2009-10

Bench: Hon’Ble Shri Saktijit Dey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं./ I.T.A. No.106/Mum/2021 (धििाारण वर्ा / Assessment Year: 2009-10) Acit – 32(1) Shri Vijay Bhogilal Shah, R. No. 702, 7Th Floor B-1203, Pratap Heritage, L T. Road बिाम/ Kautilya Bhavan Borivali (E), Mumbai-400 092 Vs. Bandra Kurla Complex, Bandra(East), Mumbai-51 स्थायीलेखासं./ जीआइआरसं./ Pan/Gir No. Akgps-2700-Q (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Revenue By : Shri S. N. Kabra- Ld. Sr. Dr Assessee By : None सुनवाई की तारीख/ : 25/10/2021 Date Of Hearing घोषणा की तारीख / : 25/10/2021 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year [Ay] 2009-10 Arises Out Of The Order Of Ld. Commissioner Of Income-Tax (Appeals)-44, Mumbai [Cit(A)] Dated 31/08/2020 Which Has Deleted The Penalty Of Rs.7.99 Lacs U/S 271(1)(C) As Levied By Ld. Ao Vide Penalty Order Dated 27/03/2018. At The Time Of Hearing, None Appeared For Assessee. The Ld. Dr, On The Other Hand, Pleaded For Restoration Of Penalty.

For Appellant: NoneFor Respondent: Shri S. N. Kabra- Ld. Sr. DR
Section 143(3)Section 271(1)(c)

imposition of penalty are that in an assessment framed u/s 143(3) r.w.s. 147 on 26/02/2015, the assessee was saddled with addition of alleged bogus purchases on estimated basis at the rate of 12.5% which was confirmed by Ld. CIT(A). Consequently, penalty of Rs.7.99 Lacs was imposed