← All Phrases

“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

ACIT-28 (1), Mumbai vs. M/S A. S Electric Corporation, Mumbai

Appeal is dismissed

ITA 1364/MUM/2019[2009-10]Status: DisposedITAT Mumbai01 Jun 2020AY 2009-10

Bench: Sri Mahavir Singhआयकर अपील िं./ Ita No. 1364/Mum/2019 (निर्ाारण वर्ा / Assessment Years 2009-10) The Asst. Commissioner Of M/S As Electric Income-Tax Ward 28(1), Corporation Room No.306, 3Rd Floor, 6 Th 216, Punit Chambers, Plot बिाम/ Tower, Vashi Railway Station No. 796C, Sector-18, Vs. Complex, Vashi, Vashi, Navi Navi Mumbai-400 703 Mumbai-400 703 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा िं./Pan No. Aagfa3489D अपीलार्थी की ओर े/ Appellant By : Shri Bhora Ram, Sr. Dr प्रत्यर्थी की ओर े/ Respondent By None : ुिवाई की तारीख / Date Of Hearing: 05.03.2020 घोर्णा की तारीख / Date Of Pronouncement: 01.06.2020

For Appellant: Shri Bhora Ram, Sr. DR
Section 133(6)Section 143(3)Section 69C

against the order of CIT(A) restricting the addition made by the Assessing Officer by applying the profit rate at 12.5% of the bogus purchase. For this Revenue has raised following ground: - “On the facts and in the circumstances of the case ... circumstances of the case and in law, the Ld. CIT(A) has erred in directing the A.O. to restrict the addition of bogus purchases to 12.5% as against 100% addition made by the A.O., relying on the decision of Hon'ble Gujarat High Court in the case

ACIT 28 (2), Mumbai vs. M/S Millenium Enterprises, Mumbai

Appeal is dismissed

ITA 1363/MUM/2019[2010-11]Status: DisposedITAT Mumbai01 Jun 2020AY 2010-11

Bench: Sri Mahavir Singhआयकर अपील िं./ Ita No. 1363/Mum/2019 (निर्ाारण वर्ा / Assessment Years 2010-11) The Asst. Commissioner Of Millenium Enterprises Income Tax, Circle 28(2) C-5/2.3 C, Sector 5, Cbd Room No. 307, 3 Rd Floor, Tower Belapur, बिाम/ No.6, Vashi Railway Station Navi Mumbai-400 614 Vs. Complex, Vashi, Navi Mumbai-400 703 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा िं./Pan No. Aakfm9589J अपीलार्थी की ओर े/ Appellant By : Shri Bhora Ram, Sr. Dr प्रत्यर्थी की ओर े/ Respondent By : None ुिवाई की तारीख / Date Of Hearing: 05.03.2020 घोर्णा की तारीख / Date Of Pronouncement: 01.06.2020

For Appellant: Shri Bhora Ram, Sr. DRFor Respondent: None
Section 133(6)Section 143(3)

against the order of CIT(A) restricting the addition made by the Assessing Officer by applying the profit rate at 12.5% of the bogus purchase. For this Revenue has raised following ground: - “1. Whether on the facts and in the circumstances of the case and in law, the Learned ... erred in directing the A.O. to restrict the addition of bogus purchases to 12.5% as against 100% addition made by the A.O., relying on the decision of Hon’ble Gujarat High Court in the case of CIT vs. Simit P. Seth, 356 ITR 451? 3. Briefly stated facts are that

ITO, W-3(5), Kalyan vs. Laxman B Nankar, Dombivali(E)

ITA 1333/MUM/2019[2011-12]Status: DisposedITAT Mumbai01 Jun 2020AY 2011-12

Bench: Sri Mahavir Singhआमकय अऩीर िं./ Ita No. 1332/Mum/2019 (ननधाायण वर्ा / Assessment Years 2010-11) आमकय अऩीर िं./ Ita No. 1333/Mum/2019 (ननधाायण वर्ा / Assessment Years 2011-12) The Income Tax Officer, Shri Laxman B Nankar Ward 3(5), Kalyan M/S Pratibha Textile 2Nd Floor, Rani Mansion, Murbad फनाभ/ Industries, 406, Laxmi Road, Kalyan West Sagar Chs, Tilak Road, Vs. Mumbai-421301 Dombivali (East) (अऩीराथी / Appellant) (प्रत्मथी/ Respondent) स्थामी रेखा िं./Pan No. Abwpn3608G अऩीराथी की ओय े/ Appellant By : Shri Bhora Ram, Sr. Dr प्रत्मथी की ओय े/ Respondent By : None ुनवाई की तायीख / Date Of Hearing: 05.03.2020 घोर्णा की तायीख / Date Of Pronouncement: 01.06.2020

For Appellant: Shri Bhora Ram, Sr. DRFor Respondent: None
Section 143(3)Section 147Section 271(1)(c)

penalties levied by AO under section 271(1)(c) of the Act on the basis that the addition was made on account of bogus purchases thereby the assessee has furnished inaccurate particulars of income. For this, Revenue has raised identical grounds in both the assessment years i.e. Assessment Years ... from Sales Tax Authorities that the assessee was engaged in obtaining bogus bills without actually purchases and taking delivery of goods. The assessee made bogus purchases from Laxmi Trading Company amounting to ₹2,05,306/- and AO estimated the whole amount on such bogus purchases and made addition

ACIT- Circle-20(3), Mumbai vs. Vastupal Laherchand Jain, Mumbai

In the result, assessee’s appeal is allowed

ITA 6133/MUM/2018[2010-11]Status: DisposedITAT Mumbai27 May 2020AY 2010-11

Bench: Shri Pramod Kumar, Hon’Ble & Ms. Madhumita Roy, Hon’Ble] I.T.A. No. 6133/Mum/2018 Assessment Year: 2010-11 Asst. Commissioner Of Income Tax, Circle-20(3), Mumbai……...........…...…………..….Appellant 6Th Floor, Piramal Chambers, Lalbaug, Mumbai – 400 012. Vs. Shri Vastupal Laherchand Jain……………….......…..…………………....………………..……..Respondent 41, 1St Floor, Mehta Chambers, 4Th Lane, Kamathipura, Mumbai – 400 012. [Pan: Aaepj 5465 G] Appearances By: Shri Sanatha Mullamudi, D/R, Appeared On Behalf Of The Revenue Shri A.N. Shah, Ar Appeared On Behalf Of The Assessee. Date Of Concluding The Hearing : January 06, 2020 Date Of Pronouncing The Order : May 27, 2020 Order Per Ms. Madhumita Roy, Jm

Section 143(3)Section 147Section 148

dated reply dated 19.02.2016 the details of the parties from which 19.02.2016 the details of the parties from which the alleged bogus the alleged bogus purchases were made were also provided to the Ld. AO were also provided to the Ld. AO. However, t However, the said assessment was finalised ... Appellate Authority whereby and where Authority whereby and whereunder the disallowance has been under the disallowance has been restricted to 5% of the alleged bogus purchases. restricted to 5% of the alleged bogus purchases. 4. We have heard the We have heard the respective parties and also perused the relevant