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“bogus purchases”

DisallowancesSection 69CSection 69C9,532 judgments

The decision most relied on for bogus purchases is CIT v. Simit P. Sheth (356 ITR 451), cited in 1,465 judgments on BharatTax.

Leading authorities on bogus purchases

CIT v. Simit P. Sheth
356 ITR 451 · 2013 · High Court
1,465
citing judgments

Additions for alleged bogus purchases should be restricted to the profit element, not the entire turnover. The profit element is often estimated at 12.5% of the purported 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.

CIT v. Nikunj Exim Enterprises Pvt. Ltd.
372 ITR 619 · 2015 · High Court
391
citing judgments

Transactions defying human probability cannot be applied to isolated purchases if sales are accepted as genuine, and purchases cannot be disallowed without considering the entire transaction and documentary evidence. Failure to produce parties in an assessment proceeding may not be fatal to the assessee.

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.

Judgments citing bogus purchases

Anil Jairam Goel, Pune vs. Income-Tax Officer, Ward - 7 (3), Pune

In the result, the appeal of assessee is partly allowed for statistical purposes

ITA 1568/PUN/2019[2009-10]Status: DisposedITAT Pune14 Jul 2020AY 2009-10

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryननधधारण वषा / Assessment Year : 2009-10 Anil Jairam Goel, C/O Lata Subhash Goel, Flat No.605, Padmavati Apt, Sector 7, Near Yash Garden, Indrayani Nagar, Bhosari, Pune – 411026 Pan : Adrpg2220L .......अऩीऱधथी / Appellant बनाम / V/S. The Income Tax Officer, Ward 7(3), Pune ……प्रत्यथी / Respondent Assessee By : Shri Nikhil Pathak Revenue By : Shri Ajay Dhoke, Addl.Cit सुनवधई की तधरीख / Date Of Hearing : 14-07-2020 घोषणध की तधरीख / Date Of Pronouncement : 14-07-2020 आदेश / Order

For Appellant: Shri Nikhil PathakFor Respondent: Shri Ajay Dhoke, Addl.CIT
Section 143(1)Section 143(2)Section 147Section 148

find that in 4 Anil J. Goel this case information was received by the Assessing Officer from Sales Tax Department of Maharashtra regarding bogus purchases and the transactions of assessee with Hawala dealers. In view thereof, as the facts demonstrated, the assessee himself offered 1.42% of the said purchases ... fresh adjudication. The relevant para of the decision is extracted as under:- “5. It is seen that cases of several assessees who had obtained bogus purchase bills from hawala parties came up for consideration before the Pune Benches of the Tribunal. Vide its common order dated 26.9.2019 in Dinesh Rathi

ACIT 24 (2), Mumbai vs. Juneja Global, Mumbai

In the result, the appeal filed by the revenue is hereby ordered to be dismissed

ITA 5502/MUM/2018[2011-12]Status: DisposedITAT Mumbai09 Jul 2020AY 2011-12

Bench: Shri Amarjit Singh, Jm & Shri N. K. Pradhan, Am आयकर अपील सं/ I.T.A. No.5502/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2011-12) Acit-24(2) बिधम/ M/S. Juneja Global A/36, Midc, 2Nd Street, Income Tax-24(2), Room Vs. No. 413, Piramal Chambers, Andheri (E), Mumbai- Lalbaug, Parel, Mumbai- 400093. 400012. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaafj1087C (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Choudhary Arunkumar Singh (Dr) Assessee By: Shri Bipin B. Shah (Ar) सुनवाई की तारीख / Date Of Hearing: 30/01/2020 घोषणा की तारीख /Date Of Pronouncement: 09/07/2020 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 31.05.2018 Passed By The Commissioner Of Income Tax (Appeals) -36, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2011- 12. 2. The Revenue Has Raised The Following Grounds: -

For Appellant: Shri Bipin B. Shah (AR)For Respondent: Shri Choudhary Arunkumar Singh
Section 143(1)Section 148

information received from the Office of Director General of Income Tax (Inv.), Mumbai wherein it was conveyed that the assessee has taken the bogus purchase entry of Rs.12,02,286/- from the following 23 parties: - S. No. Hawala Tin Hawala Name F.Y. Amounts 1 27280662401V Amit Traders ... 27820725639V Shree Ambika Trading Co. 2010-11 1,19,643 Total 12,02,286 After the reply of the assessee, 31.42% of the bogus purchase of Rs.12,02,286/- was added to the income of the assessee. The total income of the assessee was assessed in a sum of Rs.79

Assistant Commissioner of Income Tax-25(3), Mumbai vs. Vidhi Enterprises, Mumbai

The appeal of the assessee is allowed, and appeal of the Assessing Officer is dismissed

ITA 4848/MUM/2017[2012-13]Status: DisposedITAT Mumbai08 Jul 2020AY 2012-13

Bench: Shri Pawan Singh, Jm & Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No. 4848/Mum/2017 (निर्धारणवर्ा / Assessment Year: 2012-13) M/S Vidhi Enterprises, Acit 25(3), R. No. 601, C-10, 6Th Floor, बिधम/ 504, Parshwakunj, Malviya Road Vile Parle Pratykashkarbhavan, Vs. (East), Mumbai-400 057 Bandrakurla Complex (East) Mumbai-400 051 स्थायीलेखासं./जीआइआरसं./Pan No. Aagfv4334C (अपीलार्थी/Appellant) (प्रत्यर्थी / Respondent) : अपीलार्थीकीओरसे/ Appellant By : Mrs Samatha Mullamudi, Dr प्रत्यर्थीकीओरसे/Respondentby : Vijay Mehta, Ar सुनवाईकीतारीख/ : 17.02.2020 Date Of Hearing घोषणाकीतारीख / : 08.07.2020 Date Of Pronouncement आदेश / O R D E R Per S. Rifaur Rahman (Accountantmember): The Present Appeals Has Been Filed By The Revenue Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-37, Mumbai Dated 05.04.2017 For Ay 2012-13. 2

For Appellant: Mrs SamathaFor Respondent: Vijay Mehta, AR
Section 133(6)Section 133ASection 143(1)Section 143(2)Section 143(3)Section 68

that assessing officer has made the addition considering the assessment order of M/s Samir Enterprises in which the respective assessing officer has disallowed the bogus purchases. He observed that M/s Samir Enterprises was not doing any business and just providing accommodation entries. He rejected the submissions of the assessee even