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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

ITO- 13(2)(3), Mumbai vs. M/S. Shree Giriraj Ferromet Pvt. Ltd., Mumbai

The appeal stands dismissed

ITA 6359/MUM/2019[2010-11]Status: DisposedITAT Mumbai05 Jul 2021AY 2010-11

Bench: Hon’Ble Shri Amarjit Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील सं./ I.T.A. No.6359/Mum/2019 (िनधा"रण वष" / Assessment Year: 2010-11) Income Tax Officer-13(2)(3) M/S. Shree Giriraj Ferromet Pvt.Ltd. बनाम/ Room No.146 B, 1St Floor B-2/203, Breezy Corner Aaykar Bhavan, M.K. Road Mahavir Nagar, Kandivali (W) Vs. Mumbai-400 020 Mumbai-400 067 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aalcs-7860-E (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : None Revenue By : Ms. Smita Verma-Ld. Dr सुनवाई की तारीख/ : 05/07/2021 Date Of Hearing घोषणा की तारीख / : 05/07/2021 Date Of Pronouncement

For Appellant: NoneFor Respondent: Ms. Smita Verma-Ld. DR
Section 143(3)

Commissioner of Income Tax (Appeals)-21 Mumbai [CIT(A)] dated 28/06/2019 which has granted partial relief to the assessee on account of alleged bogus purchases. 2. At the time of hearing, none appeared for assessee. However, the material on record was sufficient for disposal of the appeal ... substantiating the purchases, Ld. AO estimated on addition of 12.5% against these purchases. 4. The Ld. CIT(A) observed that the issue of bogus purchases was recurring in nature and in AY 2009-10, the addition was estimated @4% during appellate proceedings. The appellate order was subsequently confirmed by Tribunal

Income Tax Officer 32 (1) (2), Mumbai vs. Shri Ashok C Chowdhary, Mumbai

Appeal of the Revenue is dismissed, sans merit

ITA 5788/MUM/2019[2010-11]Status: DisposedITAT Mumbai02 Jul 2021AY 2010-11

Bench: Shri Vikas Awasthyआअसं. 5788/मुं/2019 (िन.व.2010-11) Ito-32(1)(2), Room No. 734, 7Th Floor, Kautilya Bhavan, Bkc, ...... अपीलाथ' /Appellant Bandra (E), Mumbai-400051. बनाम Vs. Ashok C. Chowdhary, Ground Floor, Chowdhary House, S.V. Road, Daulat Nagar, Borivali (E), Mumbai-400066. Pan: Aatpc8483A ..... (ितवाद*/Respondent अपीलाथ' +ारा/ Appellant By : Ms. Smita Verma (ितवाद* +ारा/Respondent By : None सुनवाई क, ितिथ/ Date Of Hearing : 06/04/2021 घोषणा क, ितिथ/ Date Of Pronouncement : 02/07/2021 आदेश/ Order Per Vikas Awasthy, J.M: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-46, Mumbai [Hereinafter Referred To As ‘The Cit(A)’] Dated 13.05.2019 For The Assessment Year (Ay) 2010-11. 2. Ms. Smita Verma Representing The Department Submitted That The Assessee Is Engaged In Trading Of Building Material. During The Period Relevant

For Appellant: Ms. Smita VermaFor Respondent: None

trading of building material. During the period relevant आअसं. 5788/मुं/2019 (िन.व.2010-11) to AY under appeal, the assessee has obtained bogus purchase bills aggregating to Rs. 68,42,066/- from hawala operators. The assessee could neither prove genuineness of the parties nor the goods purchased from ... them. The Assessing Officer (AO) after considering the documents furnished by the assessee estimated Gross Profit (GP) @ 12.5% on bogus purchases and thus, made addition of Rs. 8,55,258/-. In first appellate proceedings, the CIT(A) restricted the addition to 6%. The ld. DR pointed that GP declared

Income Tax Officer -28 (1) (2), Mumbai vs. Shri Balchandra Gopal Shirolkar, Mumbai

Appeal of the Revenue is dismissed, sans merit

ITA 5772/MUM/2019[2010-11]Status: DisposedITAT Mumbai02 Jul 2021AY 2010-11

Bench: Shri Vikas Awasthyआअसं. 5772/मुं/2019 (िन.व.2010-11) Ito-28(1)(2), Room No. 328, 3Rd Floor, Tower No.6, Vashi Railway Station Complex, ...... अपीलाथ' /Appellant Vashi, Navi Mumbai-400703. बनाम Vs. Shri Balchandra Gopal Shirolkar Flat No.103, Sudama Chs Ltd. Plot No. 49, Sector-29, Vashi, Navi Mumbai-400703. Pan: Aacps5913C ..... (ितवाद*/Respondent अपीलाथ' +ारा/ Appellant By : Ms. Smita Verma (ितवाद* +ारा/Respondent By : None सुनवाई क, ितिथ/ Date Of Hearing : 06/04/2021 घोषणा क, ितिथ/ Date Of Pronouncement : 02/07/2021 आदेश/ Order Per Vikas Awasthy, J.M: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-26, Mumbai [Hereinafter Referred To As ‘The Cit(A)’] Dated 17.06.2019 For The Assessment Year (Ay) 2011-12. The Solitary Issue Raised By The Revenue In Appeal Is Against Restricting Addition On Account Of Bogus Purchases To 12.5% By The Cit(A).

For Appellant: Ms. Smita VermaFor Respondent: None
Section 133(6)Section 143(3)Section 147

Assessment Year (AY) 2011-12. The solitary issue raised by the Revenue in appeal is against restricting addition on account of bogus purchases to 12.5% by the CIT(A). आअसं. 5772/मुं/2019 (िन.व.2010-11) 2. The assessee is engaged in manufacturing of Fire Temple structure. The assessment ... assessee has obtained accommodation bills amounting to Rs. 5,19,478/- from suspicious dealers. The Assessing Officer (AO) made addition of the entire alleged bogus purchases. Aggrieved by the assessment order dated 25.01.2016 passed under section 143(3) read with section 147 of the Income Tax Act, 1961 [hereinafter referred

ITO-32(3)(1), Mumbai vs. Shri Rahul M. Patel, Mumbai

Appeal of the Revenue is dismissed, sans merit

ITA 5771/MUM/2019[2009-10]Status: DisposedITAT Mumbai02 Jul 2021AY 2009-10

Bench: Shri Vikas Awasthyआअसं. 5771/मुं/2019 (िन.व.2009-10) Ito-32(3)(1), Room No. 734, 7Th Floor, Kautilya Bhavan, Bkc, ...... अपीलाथ' /Appellant Bandra (E), Mumbai-400051. बनाम Vs. Shri Rahul M. Patel, 1St Floor, Mehta Apartments, Tulsi Baug, Borivali (W), Mumbai-400103. Pan: Aacpp6284H ..... (ितवाद*/Respondent अपीलाथ' +ारा/ Appellant By : Ms. Smita Verma (ितवाद* +ारा/Respondent By : None सुनवाई क, ितिथ/ Date Of Hearing : 06/04/2021 घोषणा क, ितिथ/ Date Of Pronouncement : 02/07/2021 आदेश/ Order Per Vikas Awasthy, J.M: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-46, Mumbai [Hereinafter Referred To As ‘The Cit(A)’] Dated 21.05.2019 For The Assessment Year (Ay) 2009-10. आअसं. 5771/मुं/2019 (िन.व.2009-10) 2. The Brief Facts Of The Case As Emanating From Records Are: The Assessee Is Engaged In Manufacturing Of Kitchenware & Steel Products. On The Basis Of Information Received From The Sales Tax Department, Government Of Maharashtra, The Assessment For Ay 2009-10 In The Case Of Assessee Was Re- Opened. As Per Information Received, The Assessee Had Obtained Bogus Purchases Bills Amounting To Rs. 90,750/- From Three Dealers, Declared As Hawala Operators By The Sales Tax Department, Government Of Maharashtra. The Assessing Officer (Ao) Made Addition Of The Entire Alleged Bogus Purchases. The Assessee Carried The Issue In Appeal Before The Cit(A). The Cit(A) After Considering The Gross Profit (Gp) Declared By The Assessee, Escapement Of Value Added Tax (Vat) & Average Industry Margin Restricted The Addition To 10.5% On Alleged Bogus Purchases. Now, The Revenue Is In Appeal Against The Relief Granted By The Cit(A).

For Appellant: Ms. Smita VermaFor Respondent: None

Maharashtra, the assessment for AY 2009-10 in the case of assessee was re- opened. As per information received, the assessee had obtained bogus purchases bills amounting to Rs. 90,750/- from three dealers, declared as hawala operators by the Sales Tax Department, Government of Maharashtra. The Assessing Officer ... made addition of the entire alleged bogus purchases. The assessee carried the issue in appeal before the CIT(A). The CIT(A) after considering the Gross Profit (GP) declared by the assessee, escapement of Value Added Tax (VAT) and average industry margin restricted the addition to 10.5% on alleged bogus

ITO-32(3)(2), Mumbai vs. Smt. Rupa J. Shah, Mumbai

ITA 5770/MUM/2019[2010-11]Status: DisposedITAT Mumbai02 Jul 2021AY 2010-11

Bench: Shri Vikas Awasthyआअसं. 5770/मुं/2019 (िन.व.2010-11) Ito-32(3)(2), Room No. 734, 7Th Floor, Kautilya Bhavan, Bkc, ...... अपीलाथ' /Appellant Bandra (E), Mumbai-400051. बनाम Vs. Smt. Rupa J. Shah, Block No.4, Shyamkunj, 2Nd Floor, S.V.P. Road, Borivali (W), Mumbai-400092. Pan: Arzps3269F ..... (ितवाद*/Respondent अपीलाथ' +ारा/ Appellant By : Ms. Smita Verma (ितवाद* +ारा/Respondent By : None सुनवाई क, ितिथ/ Date Of Hearing : 06/04/2021 घोषणा क, ितिथ/ Date Of Pronouncement : 02/07/2021 आदेश/ Order Per Vikas Awasthy, J.M: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-46, Mumbai [Hereinafter Referred To As ‘The Cit(A)’] Dated 11.06.2019 For The Assessment Year (Ay) 2010-11. 2. Ms. Smita Verma Representing The Department Submitted That The Assessee Has Obtained Bogus Purchase Bills Aggregating To Rs. 12,37,393/- From आअसं. 5770/मुं/2019 (िन.व.2010-11) Various (Nine) Dealers, Declared As Hawala Operators By The Sales Tax Department, Government Of Maharashtra. The Assessee Has Failed To Prove Genuineness Of Dealers & The Purchases Made From Them. No Confirmations Were Filed By The Assessee From The Dealers Nor Any Documentary Evidence Was Furnished By The Assessee To Prove Trail Of Goods. The Assessing Officer (Ao) Made Disallowance Of Rs. 3,09,348/- By Estimating Margin @ 25% On Bogus Purchases. In First Appellate Proceedings, The Cit(A) Has Restricted The Disallowance To 12.5%. The Ld. Departmental Representative (Dr) Pointed That Estimation Made By Ao Is Reasonable & Fair, Therefore, The Same Should Be Upheld.

For Appellant: Ms. Smita VermaFor Respondent: None

dated 11.06.2019 for the Assessment Year (AY) 2010-11. 2. Ms. Smita Verma representing the Department submitted that the assessee has obtained bogus purchase bills aggregating to Rs. 12,37,393/- from आअसं. 5770/मुं/2019 (िन.व.2010-11) various (nine) dealers, declared as hawala operators by the Sales ... assessee to prove trail of goods. The Assessing Officer (AO) made disallowance of Rs. 3,09,348/- by estimating margin @ 25% on bogus purchases. In first appellate proceedings, the CIT(A) has restricted the disallowance to 12.5%. The ld. Departmental Representative (DR) pointed that estimation made by AO is reasonable

ITO, W-6(3)(1), Mumbai vs. M/S. Ideen Furniture Pvt. Ltd. Mumbai, Mumbai

Appeal of the Revenue is dismissed, being devoid of any merit

ITA 5756/MUM/2019[2009-10]Status: DisposedITAT Mumbai02 Jul 2021AY 2009-10

Bench: Shri Vikas Awasthyआअसं. 5756/मुं/2019 (िन.व.2009-10) Ito-6(3)(1), Room No. 503, 5Th Floor, Aayakar Bhavan, M.K. Road, New Marine Lines, ...... अपीलाथ' /Appellant Mumbai-400020. बनाम Vs. M/S Ideen Furniture Pvt. Ltd. 5Th Floor, Militia Apartment M.P. Road, Mazgaon, Mumbai-400010. Pan: Aabci5128F ..... (ितवाद*/Respondent अपीलाथ' +ारा/ Appellant By : Ms. Smita Verma (ितवाद* +ारा/Respondent By : Shri Mahesh Saboo सुनवाई क, ितिथ/ Date Of Hearing : 06/04/2021 घोषणा क, ितिथ/ Date Of Pronouncement : 02/07/2021 आदेश/ Order Per Vikas Awasthy, J.M: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-12, Mumbai [Hereinafter Referred To As ‘The Cit(A)’] Dated 15.05.2019 For The Assessment Year (Ay) 2009-10. 2. Shri Mahesh Saboo Appearing On Behalf Of The Assessee Submitted That The Assessee Is Engaged In Business Of Interior Designing. The Assessment For आअसं. 5756/मुं/2019 (िन.व.2009-10) Ay 2009-10 In The Case Of Assessee Was Re-Opened On The Ground That The Assessee Has Obtained Bogus Purchase Bills Amounting To Rs. 3,59,436/- From Three Parties Viz: 1. Suraj Timber Mart Rs. 3,44,973/- 2. G.M. Enternational Rs. 8,800/- 3. Asian Steel Rs. 5,663/- Total Rs. 3,59,436/-

For Appellant: Ms. Smita VermaFor Respondent: Shri Mahesh Saboo

/2019 (िन.व.2009-10) AY 2009-10 in the case of assessee was re-opened on the ground that the assessee has obtained bogus purchase bills amounting to Rs. 3,59,436/- from three parties viz: 1. Suraj Timber Mart Rs. 3,44,973/- 2. G.M. Enternational ... purchase bills, bank details, etc. to substantiate genuineness of purchases. However, the Assessing Officer (AO) disbelieved the same and made addition of entire alleged bogus purchases. The assessee carried the issue in appeal before the CIT(A). The CIT(A) after examining the facts and documents on record restricted

ACIT 17 (3), Mumbai vs. M/S Rashmi Bearing Co, Mumbai

In the result, appeal filed by the revenue is hereby dismissed

ITA 5732/MUM/2019[2011-12]Status: DisposedITAT Mumbai02 Jul 2021AY 2011-12

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 5732/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2011-12) Acit-17(3) बिधम/ M/S. Rashmi Bearing Co. Room No.122, 1St Floor, 115, Room No.7, 2Nd Floor Vs. Kautilya Bhavan, G- Block Nagdevi Street, Mumbai- Bkc, Mumbai-400051. 400003. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaefr2683Q (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Ms. Smita Verma (Sr. Ar) Assessee By: Shri Nitesh Gandhi सुनवाई की तारीख / Date Of Hearing: 08/04/2021 घोषणा की तारीख /Date Of Pronouncement: 02/07/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 17.06.2019 Passed By The Commissioner Of Income Tax (Appeals)-28, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2011- 12. 2. The Revenue Has Raised The Following Grounds: - “1. "Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Justified In Restricting The Addition Made By The Ao To 12.5% Of Bogus Purchases As Against The Addition Made At 17.04% Of The Bogus Purchases, Ignoring That There Was No Compliance To The Notices Issued U/S 133(6) By Ao & The Assessee Was Also Unable To Prove The Genuineness Of The. Purchases Either, By Producing The Suppliers For Examination Or By Furnishing

For Appellant: Shri Nitesh GandhiFor Respondent: Ms. Smita Verma (Sr. AR)
Section 133(6)Section 143(1)

circumstances of the case and in law, the Ld. CIT(A) justified in restricting the addition made by the AO to 12.5% of bogus purchases as against the addition made at 17.04% of the bogus purchases, ignoring that there was no compliance to the notices issued ... reopened on the basis of the information received from the DGIT(Inv.), Mumbai in which it was conveyed that the assessee has taken the bogus purchase entries in sum of Rs.16,97,681/- from the following parties.:- Sr. No. Name of Suppliers Amount 1 Polsons Sales Agency Ltd. 2 Pratik

R K Color Diamond Pvt Ltd., Mumbai vs. ITO 5(3)(1), Mumbai

In the result, appeal by the assessee is partly allowed for statistical purpose

ITA 4998/MUM/2019[2014-15]Status: DisposedITAT Mumbai02 Jul 2021AY 2014-15

Bench: Shri Vikas Awasthyआअसं. 4998/मुं/2019 ("न.व 2014-15) R.K.Color Diamonds Pvt. Ltd., 1303, Panchratna,Mama Parmanand Marg, Opera House, Mumbai 400 004 Pan: Aaacl-8489-K ...... अपीलाथ" /Appellant बनाम Vs. Income Tax Officer-5(3)(1) Room No.526, 5Th Floor, Aaykar Bhavan, M.K.Road, Mumbai 400 020 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : None ""तवाद" "वारा/Respondent By : Ms. Smita Verma सुनवाई क" "त"थ/ Date Of Hearing : 07/04/2021 घोषणा क" "त"थ/ Date Of Pronouncement : 02/07/2021 आदेश/ Order This Appeal By The Assessee Is Directed Against Order Of Commissioner Of Income Tax(Appeals)-10, Mumbai [In Short 'The Cit(A)’] Dated 10/05/2019 For The Assessment Year 2014-15. 2. The Assessee In Appeal Has Assailed Addition Of Rs.1,90,247/- Confirmed By The Cit(A) In Respect Of Purchases Made From M/S. Prime Star By Estimating G.P Rate At 8% On Such Purchases.

For Appellant: NoneFor Respondent: Ms. Smita Verma
Section 132

taken accommodation entries 2 from M/s. Prime Star a firm belong to Bhanwarlal Jain & Group. The Assessing Officer estimated profit margin of 8% on bogus purchases and made addition of Rs.1,90,247/-. Against the assessment order dated 28/07/2016 the assessee filed appeal before ... they are providing accommodation entries against commission and there is no actual sale. The Assessing Officer made estimated addition of 8% of the alleged bogus purchases. The estimate made by Assessing Officer is fair and reasonable, therefore, the same has been upheld by the CIT(A). The ld. Departmental Representative

M/S Escort Forging & Steel Industries, Mumbai vs. ITO 27 (1)94), Mumbai

In the result, the appeal of assessee is allowed for statistical purpose

ITA 353/MUM/2020[2011-12]Status: DisposedITAT Mumbai01 Jul 2021AY 2011-12

Bench: Shri Vikas Awasthyआअसं. 353/मुं/2020 (िन.व.2011-12) M/S Escort Forging & Steel Industries 37/2, Maitri Park, Sion Trombay Road, Chembur, Mumbai-400071. Pan: Aabfe7047C ...... अपीलाथ' /Appellant बनाम Vs. Ito, 27(1)(4), 3Rd Floor, Tower No.6, Vashi Station Complex, Vashi-400703. ..... (ितवाद*/Respondent अपीलाथ' +ारा/ Appellant By : None (ितवाद* +ारा/Respondent By : Sh. Sanjay J. Sethi सुनवाई क, ितिथ/ Date Of Hearing : 23/06/2021 घोषणा क, ितिथ/ Date Of Pronouncement : 01/07/2021 आदेश/ Order Per Vikas Awasthy, J.M: This Appeal By Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-24, Mumbai [Hereinafter Referred To As ‘The Cit(A)’] Dated 24.05.2018 For The Assessment Year (Ay) 2011-12. 2. The Brief Facts Of The Case As Emanating From Records Are: The Assessee Is Engaged In Trading Of Iron & Steel. The Assessment For Ay 2011-12 In The आअसं. 353/मुं/2020 (िन.व.2011-12) Case Of Assessee Was Re-Opened On The Ground That The Assessee Has Obtained Bogus Purchase Bills Amounting To Rs. 71,18,607/- From Following Dealers: Sr. No. Name Of The Party Amount 1 Sairam Trading Corporation 22,48,973/- 2 Shree Navdurga Steel Traders 48,69,634/- Total 71,18,607/-

For Appellant: NoneFor Respondent: Sh. Sanjay J. Sethi
Section 133(6)

आअसं. 353/मुं/2020 (िन.व.2011-12) case of assessee was re-opened on the ground that the assessee has obtained bogus purchase bills amounting to Rs. 71,18,607/- from following dealers: Sr. No. Name of the party Amount 1 Sairam Trading Corporation 22,48,973/- 2 Shree ... goods. The AO held the purchases made from suspicious dealers as bogus and made addition of Rs. 8,89,826/- by estimating margin on bogus purchase at 12.5%. Against the addition made, the assessee filed appeal before the CIT(A). The CIT(A) upheld the assessment order and dismissed

ITO 12 (3)(4), Mumbai vs. M/S Mehta Infocom Pvt Ltd., Mumbai

In the result, the appeals filed by the revenue are hereby dismissed

ITA 7678/MUM/2019[2009-10]Status: DisposedITAT Mumbai01 Jul 2021AY 2009-10

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.7678/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2009-10) Ito-12(3)(4) बिधम/ M/S. Mehta Infocom Pvt. Room No.145, 1St Floor, Ltd. Vs. Aayakar Bhavan, M. K. Mehta House, Af/3, Cama Road, Mumbai-400020. Industrial Estate, Nr, Hub Mall, Goregaon (E), Mumbai-400065. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aafcm2000E (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Ms. Usha Gaikwad (Dr) Assessee By: None सुनवाई की तारीख / Date Of Hearing: 24/05/2021 घोषणा की तारीख /Date Of Pronouncement: 01/07/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 30.09.2019 Passed By The Commissioner Of Income Tax (Appeals) -20, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2009- 10 In Which The Penalty Levied By The Ao Has Been Ordered To Be Deleted. 2. The Revenue Has Raised The Following Grounds: - "(1) 1. On The Facts & In The Circumstances Of The Case, The Ld. Cit (A) Erred In Deleting The Penalty Levied By The Ao U/S 271(1)(C) Of The Income Tax Act, 1961, Of Rs.4,76,659/- Without Appreciating The Facts That The Assessee Claimed Bogus Purchases In Its Original Return Of Income & Thus Furnished Inaccurate Particulars Of Income Within The Meaning Of Section 271(1)(C) Of The Income Tax Act, 1961. Ita Nos. 7678/M/2019 A.Y.2009-10 2. On The Facts & Circumstances Of The Case, The Hon'Ble

For Appellant: NoneFor Respondent: Ms. Usha Gaikwad (DR)
Section 143(1)Section 271(1)Section 271(1)(c)Section 274Section 40Section 69C

Income Tax Act, 1961, of Rs.4,76,659/- without appreciating the facts that the assessee claimed bogus purchases in its Original Return of Income and thus furnished inaccurate particulars of income within the meaning of section 271(1)(c) of the Income Tax Act, 1961. ITA Nos. 7678/M/2019 A.Y.2009-10 ... reopened on the basis of information received from the Sales Tax Department, Maharashtra in which it was conveyed that the assessee has taken the bogus purchase entry in sum of Rs.46,58,583/- from the following party.:- 27530627877V Shakti Trading Co. AIOPG8087B 2008-09 18720 2008-09 27630627877V Om Corporation