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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

Solo Hardware P. Ltd, Mumbai vs. Asst CIT Cir 5(3)(2), Mumbai

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

ITA 1485/MUM/2017[2010-11]Status: DisposedITAT Mumbai20 May 2020AY 2010-11

Bench: Shri G. Manjunatha & Shri Ravish Sood

Section 115JSection 143(3)Section 147Section 148Section 69C

well as in law, the Ld. C.I.T.(A) has further erred in upholding the addition made by Learned AO @12.5% of the alleged bogus purchases aggregating to Rs. 6,23,19,2897- from two parties under section 69C of the Act. Reasons assigned by him for doing the same ... investigation, Mumbai, as per which, the Sales Tax Authorities of Government of Maharashtra had taken actions against number of Hawala dealers, who had issued bogus purchase bills to various parties in Mumbai and other places. As per list of beneficiaries, the assessee is one of the beneficiary, who had taken

Meena Jewellers Private Limited Part IX, Hyderabad vs. Asst. Commissioner of Income Tax, Circle-16(2), Hyderabad

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

ITA 520/HYD/2018[2008-09]Status: DisposedITAT Hyderabad30 Apr 2020AY 2008-09

Bench: Smt P. Madhavi Deviassessment Year: 2008-09

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Smt. M. Narmada
Section 147

beneficiaries was taken 2 Meena Jewellers Pvt. Ltd. Part IX, Hyd. accommodation entries in the nature of bogus unsecured and bogus purchases during FY 2007-08 relevant to AY 2008-09 and the total value of transaction is Rs. 10,08,993/- from Shri Rajendra Jain Group, Sanjeev Choudhary Group ... nature of bogus sales. The assessee was therefore asked to produce purchase registers, sales registers and bank account statement in order to verify the bogus purchases from these groups. The assessee did not appear and not submitted any information. The AO, therefore, treated the entire

Akshar Enterprises (Prop.Haresh M Valia), Dombivali vs. ITO WD 3(4), Thane

In the result, appeal filed by the assessee for assessment year 2010-

ITA 4904/MUM/2018[2010-11]Status: DisposedITAT Mumbai21 Apr 2020AY 2010-11

Bench: Shri Rajesh Kumar (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2010-11 Akshar Enterprises (Prop. Haresh The Commissioner Of Income M. Valia), Tax (Appeal) – 1, Flat No. 104, Kartkey C.H.S. Ltd., Office Of Cit (Appeals) – I, Plot No. 05, Midc, Pieri Zone, Vs. Room No. 29, A-Wing, 6Th Floor, Dombivali (E) - 421201 Ashar I.T. Park, Road No. 16-Z, Pan: Afbpv5151P Wagle Indl. Estate, Thane - 400604 (Appellant) (Respondent) Assessee By : Shri Haresh R. Joshi (Ar) Revenue By : Shri Michael Jerald (Dr) Date Of Hearing: 26/02/2020 Date Of Pronouncement: 21/04/2020

For Appellant: Shri Haresh R. Joshi (AR)For Respondent: Shri Michael Jerald (DR)
Section 143(1)Section 144Section 145Section 147

determined the total income of the assessee at Rs. 56,20,900/-, after making addition of Rs. 30,25,627/- on account of bogus purchases shown by the assessee and Rs. 23,11,276 on account of unverifiable expenditure. The assessee challenged the assessment order before ... cases relied upon by the authorities below and the Ld. counsel for the assessee. We notice that the AO has determined the amount of bogus purchases on the basis of documents on record. AS per the findings of the AO, the assessee had obtained bogus bills amounting

ITO 26 (1)(1), Mumbai vs. Altaf Nisar Ahemead Khan, Mumbai

In the result, this appeal filed by the revenue stand dismissed

ITA 7100/MUM/2018[2009-10]Status: DisposedITAT Mumbai20 Apr 2020AY 2009-10

Bench: Shri Shamim Yahya, Am आयकर अपील सं/ I.T.A. No.7100 & 7101/Mum/2018 (निर्धारण वर्ा / Assessment Year:2009-10 & 2010-11) बिधम/ Ito 26(1)(1) Altaf Nisar Ahemead Khan Bldg. No.C-11, Room Flat No.306, Dwarka Vs. No.703, 7Th Floor, Shopping Centrechs Ltd. Pratykshakar Bhavan, Bkc, Sonapur Lane, Lbs Marg, Bandra (E), Mumbai- Kurla (W), Mumbai-400072 400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Ajgpk2419L (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Chaitanya Anjaria Assessee By: None सुनवाई की तारीख / Date Of Hearing: 18/02/2020 घोषणा की तारीख /Date Of Pronouncement: 20/04/2020 आदेश / O R D E R Per Shamim Yahya, Am: These Are Appeals By The Revenue Wherein The Revenue Is Aggrieved That The Ld. Cit(A) Has Deleted Part Of The Addition Of Bogus Purchase By Sustaining 9% Only Disallowance On Account Of Bogus Purchase Pertaining To A.Ys.2009-10 & 2010-11. The Assessee In This Case Is Engaged Into Scrap Business. 2. 3. The Assessment Was Reopened Upon Information From Sales Tax Department That Assessee Has Made Purchases From Bogus Dealers.

For Appellant: NoneFor Respondent: Shri Chaitanya Anjaria

These are appeals by the revenue wherein the revenue is aggrieved that the Ld. CIT(A) has deleted part of the addition of bogus purchase by sustaining 9% only disallowance on account of bogus purchase pertaining to A.Ys.2009-10 & 2010-11. The assessee in this case is engaged into ... made purchases from bogus dealers. ITA. NO.7100 & 7101/M/2018 A.Y.2009-10 & 2010-11 4. The AO in this case has made 12.5% addition on account of bogus purchase amounting to Rs.3,44,276/- for the A.Y.2009-10 of Rs.9,47,584/- for the A.Y.2010-11. 5. Up on assessee’s appeal

M/S. Sterling Steel Industries, Mumbai vs. Income Tax Office 19(3)(4), Mumbai

In the result, this appeal filed by the assessee stands partly allowed

ITA 7096/MUM/2018[2011-12]Status: DisposedITAT Mumbai20 Apr 2020AY 2011-12

Bench: Shri Shamim Yahya, Am आयकर अपील सं/ I.T.A. No.7096/Mum/2018 (निर्धारण वर्ा / Assessment Year:2011-12) बिधम/ M/S. Sterling Steel Industries Ito 19(3)(4) 129/131, Kika Street, Mumbai Vs. Gulalwadi, Mumbai-400004. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaafs3142F (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: None Revenue By: Shri Chaitanya Anjaria सुनवाई की तारीख / Date Of Hearing: 18/02/2020 घोषणा की तारीख /Date Of Pronouncement: 20/04/2020 आदेश / O R D E R Per Shamim Yahya, Am: This Is An Appeal By The Assessee Wherein The Revenue Is Aggrieved That The Learned Cit-A Has Erred In Sustaining Only 12.5% Disallowance On Account Of Bogus Purchases, Vide Order Dated 19.09.2018 Pertaining To A.Y.2011-12. The Assessee In This Case Is Engaged Into Business Of Ferrous & 2. Non-Ferrous Metals. 3. The Assessment Was Reopened Upon Information From Swales Tax Department That Assessee Has Made Purchases From Bogus Dealers. 4. The Ao In This Case Has Made 12.5% Addition On Account Of Bogus Purchase Amounting To Rs.17,89,063/-. The Ao Made The

For Appellant: NoneFor Respondent: Shri Chaitanya Anjaria
Section 133(6)

appeal by the assessee wherein the revenue is aggrieved that the learned CIT-A has erred in sustaining only 12.5% disallowance on account of bogus purchases, vide order dated 19.09.2018 pertaining to A.Y.2011-12. The assessee in this case is engaged into business of ferrous & 2. non-ferrous metals ... swales tax department that assessee has made purchases from bogus dealers. 4. The AO in this case has made 12.5% addition on account of bogus purchase amounting to Rs.17,89,063/-. The AO made the ITA. NO.7096/M/2018 A.Y.2011-12 addition on the basis of information from the sales tax department

ITO 26(2)(1), Mumbai vs. Krishan H. Lata, Mumbai

In the result this appeal filed by the revenue stands dismissed

ITA 7045/MUM/2018[2011-12]Status: DisposedITAT Mumbai20 Apr 2020AY 2011-12

Bench: Shri Shamim Yahya (Am)

This is an appeal by the revenue wherein the revenue is aggrieved that the learned CIT-A has deleted part of the addition for bogus purchase by sustaining only 7.26% disallowance on account of bogus purchases, vide order dated 28.6.2018 pertaining to A.Y. 2011-12. 2. The assessee in this ... sales tax department that assessee has made purchases from bogus dealers. The assessing officer in this case has made 12.5% addition on account of bogus purchase amounting to Rs. 8,05,863/-. 3. Upon assessee's appeal learned CIT-A has noted that the sales have not been doubted. Accordingly

ITO 19 (2)(3), Mumbai vs. Preeti Manish Shah (Legal Heir of Late Manish Y.Shah), Mumbai

In the result this appeal filed by the revenue stands dismissed

ITA 7037/MUM/2018[2009-10]Status: DisposedITAT Mumbai20 Apr 2020AY 2009-10

Bench: Shri Shamim Yahya (Am)

This is an appeal by the revenue wherein the revenue is aggrieved that the learned CIT-A has deleted part of the addition for bogus purchase by sustaining only 12.5% disallowance on account of bogus purchases, vide order dated 28.9.2018 pertaining to A.Y. 2009-10. 2. The assessee in this ... sales tax department that assessee has made purchases from bogus dealers. The assessing officer in this case has made 100% addition on account of bogus purchase amounting to Rs. 11,65,809/-. 3. Upon assessee's appeal learned CIT-A has noted that the sales have not been doubted. Accordingly

ITO 32(3)(4), Mumbai vs. Sweety Hiren Parekh, Mumbai

In the result this appeal filed by the revenue stands dismissed

ITA 7034/MUM/2018[2011-12]Status: DisposedITAT Mumbai20 Apr 2020AY 2011-12

Bench: Shri Shamim Yahya (Am)

This is an appeal by the revenue wherein the revenue is aggrieved that the learned CIT-A has deleted part of the addition for bogus purchase by sustaining only 12.5% disallowance on account of bogus purchases, vide order dated 12.9.2018 pertaining to A.Y. 2011-12. 2. The assessee in this ... sales tax department that assessee has made purchases from bogus dealers. The assessing officer in this case has made 15% addition on account of bogus purchase amounting to Rs. 6,29,241/-. 3. Upon assessee's appeal learned CIT-A has noted that the sales have not been doubted. Accordingly

Vilayti Tube India, Mumbai vs. ITO 19 (3)(5), Mumbai

In the result, these appeals filed by the assesses stand partly allowed

ITA 5919/MUM/2018[2009-10]Status: DisposedITAT Mumbai20 Apr 2020AY 2009-10

Bench: Shri Shamim Yahya, Am आयकर अपील सं/ I.T.A. Nos.5919 To 5921/Mum/2018 (निर्धारण वर्ा / Assessment Years: 2009-10, 2010-11 & 2011-12) Vilayti Tube India बिधम/ Ito 19(3)(5) Bldg. No.26, Shop No.1, Aayakar Bhavan, M.K. Vs. Kanungo Mension, 1St Road, Mumbai-400020. Carpender Street, Mumbai- 400004. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabfv4219K (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: None Revenue By: Shri Chaitanya Anjaria सुनवाई की तारीख / Date Of Hearing: 20/02/2020 घोषणा की तारीख /Date Of Pronouncement: 20/04/2020 आदेश / O R D E R Per Shamim Yahya, Am: These Are Appeals By The Assessee Wherein The Assessee Is Aggrieved That The Learned Cit-A Has Erred In Sustaining 12.5% Disallowance On Account Of Bogus Purchases, Pertaining To A.Y.2009- 10, 2010-11 & 2011-12. 2. The Brief Facts Of The Case Are That Assessee In This Case Is Engaged In The Business Of Trading In Ferrous & Non-Ferrous Metals. 3. The Assessment In This Case Was Reopened Upon Received Of Information From The Sales Tax Department That Assessee Has Made Bogus Purchases. The Assessee Submitted The Purchase Vouchers & The Payments Were Made Through Banking Channel. However, The

For Appellant: NoneFor Respondent: Shri Chaitanya Anjaria

appeals by the assessee wherein the assessee is aggrieved that the learned CIT-A has erred in sustaining 12.5% disallowance on account of bogus purchases, pertaining to A.Y.2009- 10, 2010-11 & 2011-12. 2. The brief facts of the case are that assessee in this case is engaged ... ferrous metals. 3. The Assessment in this case was reopened upon received of information from the sales tax Department that assessee has made bogus purchases. The assessee submitted the purchase vouchers and the payments were made through banking channel. However, the ITA. NOS. 5919 to 5921/M/2018 A.Ys

Shri Arjun R Dewasi, Mumbai vs. ITO 28(1)(2), Mumbai

In the result this appeal by the assessee stands allowed for statistical purposes

ITA 5551/MUM/2018[2009-10]Status: DisposedITAT Mumbai20 Apr 2020AY 2009-10

Bench: Shri Shamim Yahya, Am आयकर अपील सं/ I.T.A. No.5551/Mum/2018 (निर्धारण वर्ा / Assessment Year:2009-10) बिधम/ Shri Arjun R. Dewasi Ito 28(1)(2) Shop No.01, Devicha Pada, Mumbai. Vs. Taloja Midc, Dist Raigad, Navi Mumbai-410206. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Afppd4542N (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Gaurav Kabra (Ar) Revenue By: Shri Chaitanya Anjaria (Dr) सुनवाई की तारीख / Date Of Hearing: 20/02/2020 घोषणा की तारीख /Date Of Pronouncement: 20/04/2020 आदेश / O R D E R Per Shamim Yahya, Am: This Appeal By The Assesses Against The Order Of Learned Cit-A Dated 23.12.2016 Pertains To Assessment Year 2009-10. 2. Grounds Of Appeal Read As Under.: - “1. On The Facts & Circumstances Of The Case As Well As In Law, The Ld. Cit(A) Has Erred In Passing Ex-Parte Order Without Granting Sufficient Opportunity Of Being Heard To The Appellant. 2. On The Facts & Circumstances Of The Case As Well As In Law, Ld. Assessing Officer Has Erred In Reopening The Assessment U/S 147 Of The Income Tax Act, 1961, Without Considering The Facts & Circumstances Of The Case. 3. On The Facts & Circumstances Of The Case As Well As In Law, The Ld. Cit(A) Has Erred In Making An Addition Of

For Appellant: Shri Gaurav Kabra (AR)For Respondent: Shri Chaitanya Anjaria (DR)
Section 144Section 147

erred in making an addition of ITA. No.5551/M/2018 A.Y.2009-10 Rs.18,99,899/- on account of alleged bogus purchases, without considering the facts and circumstances of the case. 4. On the facts and circumstances of the case as well as in law, the Ld. Assessing Officer has erred in treating Rs.2 ... delete the said ground of appeal.” 3. At the outset, Ld. Counsel of the assessee has contended that the addition confirmed on account of bogus purchases has been done by the AO exparte in the impugned order passed u/s 144 of the I. T. Act, 1961. Ld. Counsel contended that

Prakash Chand Jain, Thane vs. ITO WD 2(4), Thane

In the result, the appeal of the assessee is allowed and the appeal of the Revenue is dismissed

ITA 5759/MUM/2016[2007-08]Status: DisposedITAT Mumbai20 Apr 2020AY 2007-08

Bench: Shri Rajesh Kumar & Shri Ram Lal Negiassessment Year: 2007-08 Shri Prakash Chand Jain, Income Tax Officer – Prop. Of M/S. Prachi Ward 2(4), Gems, Thane Shop No.10, Vs. Asmita Bridge Tower, Naya Nagar, Mira Road (E), Thane - 401107 Pan: Aetpj 5174K (Appellant) (Respondent) Assessment Year: 2007-08 Income Tax Officer – Shri Prakash Chand Ward 2(4), Jain, Room No.12, Prop. Of Prachi Gems, 6Th Floor, Shop No.10, Asmita, Vs. Ashar It Park, Bridge Tower, B-Wing, Midc, Nayanagar, Wagle Indl. Estate, Mira Road (E), Thane (W)- 400 604 Thane Pan: Aetpj 5174K (Appellant) (Respondent) Present For: Assessee By : Shri Mani Jain, A.R. Revenue By : Shri K. Madhusudan, D.R. Date Of Hearing : 02.03.2020 Date Of Pronouncement : 20.04.2020 O R D E R

For Appellant: Shri Mani Jain, A.RFor Respondent: Shri K. Madhusudan, D.R
Section 132Section 132(1)Section 143(1)Section 143(3)Section 147Section 148Section 148(2)

challenging the confirmation of disallowance of Rs.3,37,20,214/- as against Rs.40,24,59,869/- made by the AO on account of alleged bogus purchases by ignoring the fact that the percentage of 6% applied is not inconsonance with the CBDT instruction No.2/2008 dated 22.02.2008. The assessee has also

ITO 28 (2)(1), Mumbai vs. Kashinath K. Mahajan, Mumbai

In the result this appeal filed by the revenue stands dismissed

ITA 2015/MUM/2019[2011-12]Status: DisposedITAT Mumbai20 Apr 2020AY 2011-12

Bench: Shri Shamim Yahya (Am) & Shri Pawan Singh (Jm)

Yahya (AM) :- This is an appeal by the revenue wherein the revenue is aggrieved that the learned CIT-A has deleted the addition for bogus purchases by sustaining only 12.5% disallowance on account of bogus purchases, vide order dated 31.1.2019 pertaining to AY 2011-12. 2. The assessee in this ... department that assessee has made purchases from bogus dealers. The assessing officer in this case has made hundred percent addition on account of bogus purchase amounting to Rs. 8,50,342/-. 3. Upon assessee's appeal learned CIT-A has noted that the sales has not been doubted. Accordingly placing

Pr. CIT-9, Mumbai vs. Arco Electro Technologies P. Ltd, Mumbai

In the result this appeal by the revenue stands dismissed

ITA 1055/MUM/2019[2010-11]Status: DisposedITAT Mumbai20 Apr 2020AY 2010-11

Bench: Shri Shamim Yahya (Am) & Pawan Singh (Jm)

Section 133(6)Section 271(1)(c)

Brief facts of the case leading to the levy of penalty are that the disallowance on account of bogus purchases was done by the assessing officer in the course of assessment. The assessing officer has received information from the sales tax Department that assessee has made purchases from alleged bogus ... jurisdictional High Court in the Nikunj Exemp Enterprises (in writ petition no 2860, order dt. 18.6.2014) has held that no disallowance on account of bogus purchase can be done if sales are not doubted. In this view of the matter the adhoc disallowance made by the assessing officer made

ITO 26 (1)(2), Mumbai vs. Bashir Ahmed Usman Ali Khan, Mumbai

In the result, this appeal filed by the revenue stand dismissed

ITA 7099/MUM/2018[2010-11]Status: DisposedITAT Mumbai20 Apr 2020AY 2010-11

Bench: Shri Shamim Yahya, Am आयकर अपील सं/ I.T.A. No. 7099/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2010-11) बिधम/ Ito 26(1) (2) Bashir Ahmed Usman Ali Bldg. No. C-11, Room Khan Vs. No.706, 7Th Floor, Zohra Mansion 7-A, Gr. Pratykshakar Bhavan, Bkc, Floor, Ana Sagar Marg, Cst Bandra (E), Mumbai- Road, Kurla (W), Mumbai- 400070. 400070. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Baqpk0502E (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Chaitanya Anjaria Assessee By: None सुनवाई की तारीख / Date Of Hearing: 18/02/2020 घोषणा की तारीख /Date Of Pronouncement: 20/04/2020 आदेश / O R D E R Per Shamim Yahya, Am: This Is An Appeal By The Revenue Wherein The Revenue Is Aggrieved That The Ld. Cit(A) Has Deleted Part Of The Addition Of Bogus Purchase By Sustaining Only 10% Disallowance On Account Of Bogus Purchase, Vide Order Dated 22.06.2018 Pertaining To A.Y. 2010- 11. The Assessee In This Case Is Engaged Into Dealing In Woods 2. Product, Plywood. 3. The Assessment Was Reopened Upon Information From Sales Tax Department That Assessee Has Made Purchases From Bogus Dealers.

For Appellant: NoneFor Respondent: Shri Chaitanya Anjaria

This is an appeal by the revenue wherein the revenue is aggrieved that the Ld. CIT(A) has deleted part of the addition of bogus purchase by sustaining only 10% disallowance on account of bogus purchase, vide order dated 22.06.2018 pertaining to A.Y. 2010- 11. The assessee in this case ... that assessee has made purchases from bogus dealers. ITA. NO.7099/M/2018 A.Y.2010-11 4. The AO in this case has made 12.5% addition on account of bogus purchase amounting to Rs.8,40,480/-. 5. Up on assessee’s appeal Ld. CIT(A) has noted that the sales has not been doubted. Accordingly

ITO 26(2)(1), Mumbai vs. Kalpesh Kishore Vora, Mumbai

In the result this appeal filed by the revenue stands dismissed

ITA 7046/MUM/2018[2011-12]Status: DisposedITAT Mumbai20 Apr 2020AY 2011-12

Bench: Shri Shamim Yahya (Am)

This is an appeal by the revenue wherein the revenue is aggrieved that the learned CIT-A has deleted part of the addition for bogus purchase by sustaining only 10% disallowance on account of bogus purchases, vide order dated 28.6.2018 pertaining to A.Y. 2011-12. 2. The assessee in this ... sales tax department that assessee has made purchases from bogus dealers. The assessing officer in this case has made 12.5% addition on account of bogus purchase amounting to Rs. 4,65,952/-. 3. Upon assessee's appeal learned CIT-A has noted that the sales have not been doubted. Accordingly

ITO 26 (2)(3), Mumbai vs. Motilal Baldev Lodhi, Mumbai

In the result this appeal filed by the revenue stands dismissed

ITA 7042/MUM/2018[2010-11]Status: DisposedITAT Mumbai20 Apr 2020AY 2010-11

Bench: Shri Shamim Yahya (Am)

This is an appeal by the revenue wherein the revenue is aggrieved that the learned CIT-A has deleted part of the addition for bogus purchase by sustaining only 12.5% disallowance on account of bogus purchases, vide order dated 29.6.2018 pertaining to A.Y. 2010-11. 2. The assessee in this ... sales tax department that assessee has made purchases from bogus dealers. The assessing officer in this case has made 25% addition on account of bogus purchase amounting to Rs. 13,74,001/-. 3. Upon assessee's appeal learned CIT-A has noted that the sales have not been doubted. Accordingly

ITO 26 (2)(3), Mumbai vs. Modern Stone Company, Mumbai

In the result this appeal filed by the revenue stands dismissed

ITA 7041/MUM/2018[2011-12]Status: DisposedITAT Mumbai20 Apr 2020AY 2011-12

Bench: Shri Shamim Yahya (Am)

This is an appeal by the revenue wherein the revenue is aggrieved that the learned CIT-A has deleted part of the addition for bogus purchase by sustaining only 12.5% disallowance on account of bogus purchases, vide order dated 29.6.2018 pertaining to A.Y. 2011-12. 2. The assessee in this ... sales tax department that assessee has made purchases from bogus dealers. The assessing officer in this case has made 100% addition on account of bogus purchase amounting to Rs. 2,08,919/-. 3. Upon assessee's appeal learned CIT-A has noted that the sales have not been doubted. Accordingly

ITO Ward 3 (5), Kalyan vs. Shri. Laxman B Nankar, Dombivali

In the result, appeal filed by the revenue for assessment year

ITA 1331/MUM/2019[2009-10]Status: DisposedITAT Mumbai20 Apr 2020AY 2009-10

Bench: Shri Rajesh Kumar (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2009-10 The Ito, Ward 3(5), Shri Laxman B Nankar, 2Nd Floor, Rani Mansion, M/S Pratibha Textile, Murbad Road, Kalyan West Industries, 406, Laxmi Sagar, Vs. Chs, Tilak Road, Dombivali (East) Pan: Abwpn3608G (Appellant) (Respondent)

For Appellant: Shri N.A. Kulkarni (AR)For Respondent: Shri Michael Jerald (DR)
Section 143Section 271

Subsequently, on the basis of information received from the Sales Tax Deptt. Govt. of Maharashtra to the effect that the assessee had obtained bogus purchases bills from hawala parties amounting to Rs. 2,28,852/- made addition of the said amount to the total income of the assessee and initiated ... penalty levied u/s 271 (1) (c) without appreciating the fact that there was a define finding in the assessment order in respect of bogus purchases and of furnishing inaccurate particulars of income relating to purchases resulting into concealment of income. 3. It is humbly requested that present appeal is being

ITO 26 (1)(4), Mumbai vs. Javed Khan, Mumbai

In the result this appeal filed by the revenue stands dismissed

ITA 7033/MUM/2018[2010-11]Status: DisposedITAT Mumbai20 Apr 2020AY 2010-11

Bench: Shri Shamim Yahya (Am)

This is an appeal by the revenue wherein the revenue is aggrieved that the learned CIT-A has deleted part of the addition for bogus purchase by sustaining only 9% disallowance on account of bogus purchases, vide order dated 29.6.2018 pertaining to A.Y. 2010-11. 2. The assessee in this ... sales tax department that assessee has made purchases from bogus dealers. The assessing officer in this case has made 12.5% addition on account of bogus purchase amounting to Rs. 10,72,031/-. 3. Upon assessee's appeal learned CIT-A has noted that the sales have not been doubted. Accordingly

Shri Harakchand Tikamchand Sanghvi, Mumbai vs. ITO 19 (1)(5), Mumbai

In the result, this appeal filed by the assessee stand partly allowed

ITA 5512/MUM/2018[2010-11]Status: DisposedITAT Mumbai20 Apr 2020AY 2010-11

Bench: Shri Shamim Yahya, Am आयकर अपील सं/ I.T.A. Nos. 5512 & 5513/Mum/2018 (निर्धारण वर्ा / Assessment Years:2010-11 & 2009-10) बिधम/ Shri Harakchand Ito 19(1)(5) 2Nd Floor, Matru Mandir, Tikamchand Sanghvi Vs. 323/330, Shuja Mansion, 1St Tardeo Road, Mumbai- Floor, Room No.34, Maulan 400007. Azad Road, Mumbai- 400004. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadps8452K (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Amit Bothra Revenue By: Shri Chaitanya Anjaria सुनवाई की तारीख / Date Of Hearing: 18/02/2020 घोषणा की तारीख /Date Of Pronouncement: 20/04/2020 आदेश / O R D E R Per Shamim Yahya, Am: These Are Appeals By The Assessee Wherein The Assessee Is Aggrieved That The Ld. Cit(A) Erred In Sustaining Only 12.5% Disallowance On Account Of Bogus Purchases Pertaining To A.Ys.2009- 10 & 2010-11. The Assessee In This Case Is Engaged Into Business Of Ferrous & 2. Non-Ferrous Metals. 3. The Assessment Was Reopened Upon Information From Sales Tax Department That Assessee Has Made Purchases From Bogus Dealers.

For Appellant: Shri Amit BothraFor Respondent: Shri Chaitanya Anjaria
Section 133(6)

appeals by the assessee wherein the assessee is aggrieved that the Ld. CIT(A) erred in sustaining only 12.5% disallowance on account of bogus purchases pertaining to A.Ys.2009- 10 & 2010-11. The assessee in this case is engaged into business of ferrous and 2. non-ferrous metals ... made purchases from bogus dealers. ITA. NOs.5512 & 5513/M/2018 A.Y.2010-11 & 2009-10 4. The AO in this case has made 12.5% addition on account of bogus purchase amounting to Rs.17,56,536/- for the A.Y.2010-11 and Rs.4,25,208/- for the A.Y.2009-10. The AO made the addition on the basis