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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

ACIT-21(1), Mumbai vs. Anilkumar Nandlal Verma, Mumbai

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

ITA 1882/MUM/2019[2010-11]Status: DisposedITAT Mumbai20 Mar 2020AY 2010-11

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.1882/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2010-11) Acit-21(1) बिधम/ Anilkumar Nandlal Verma R. No.116 1St Floor Piramal International Steel Fabricator Vs. Chambers Parel, Mumbai- 36 Evergreen Estate Shakti 400012. Mill Lane, Mumbai-400011. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaapv7748N (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Michael Jerald (Dr) Assessee By: Shri Umesh Vishwakarma सुनवाई की तारीख / Date Of Hearing: 16/03/2020 घोषणा की तारीख /Date Of Pronouncement: 20/03/2020 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 07.01.2019 Passed By The Commissioner Of Income Tax (Appeals) -33, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2010- 11. 2. The Revenue Has Raised The Following Grounds: -

For Appellant: Shri Umesh VishwakarmaFor Respondent: Shri Michael Jerald (DR)
Section 143(1)Section 143(2)Section 147Section 148

facts and circumstances of the case and in law the learned CIT(A) erred in reducing the addition on account of bogus purchases amounting to Rs. 3,11,314/- (made 100 % of the bogus claim) to 30 % thereof at Rs. 93,395/- granting a relief ... Officer" 2] "On the facts and circumstances of the case and in law the learned CHIA) erred in deleting the addition on account of bogus purchases amounting to Rs. 2,17,919/- without appreciating the fact that the assessee had failed to discharge his primary onus of proving the genuineness

ITO-26(2)(5), Mumbai vs. Shri. Rambhawan D. Gupta, Mumbai

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

ITA 472/MUM/2019[2011-12]Status: DisposedITAT Mumbai19 Mar 2020AY 2011-12

Bench: Shri Amarjit Singh, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं/ I.T.A. No.472/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2011-12) Ito 26(2)(5) बिधम/ Shri Rambhawan D. Gupta R. No. 506, 5Th Floor, C-11 Prop. Of M/S. R. D. Metal Vs. Bkc, Bandra East, Mumbai- Works 400051.. Gala No. 2, Sangam Market, Creek No.3, 90 Feet Road, Netaji Nagar, Sakinaka, Mumbai-72. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aimpg5900H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Ms. Jotilakshmi Nayak (Dr) Assessee By: Shri Awadhesh Kumar सुनवाई की तारीख / Date Of Hearing: 12/02/2020 घोषणा की तारीख /Date Of Pronouncement: 19 /03/2020 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 13.08.2018 Passed By The Commissioner Of Income Tax (Appeals) -38, 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 Awadhesh KumarFor Respondent: Ms. Jotilakshmi Nayak (DR)
Section 143(1)Section 143(2)Section 147Section 148Section 40A(3)

circumstances of the case and in law, the Ld. C1T(A) has erred in restricting the disallowance to 12.5% of the total amount of bogus purchase transaction instead of 100% of the total amount of bogus purchase made by the AO." A.Y.2011-12 2. "On the facts and in the circumstances ... considering that the addition was made on the basis of information received from DIT(Inv.) and Sales Tax Department, Maharashtra with regard to bogus purchase made by the assessee from dealers without supply of actual goods." 3. "On the facts and in the circumstances of the case

ITO, Sard- 1 (2) Thane, Thane vs. Mak Rubber Products, Mumbai

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

ITA 5416/MUM/2018[2009-10]Status: DisposedITAT Mumbai19 Mar 2020AY 2009-10

Bench: Shri Amarjit Singh, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं/ I.T.A. No.5416/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2009-10) Ito Ward-1(2) Thane बिधम/ Mak Rubber Products Room No.24, B-Wing, 6Th 301/306, B-Wing, Giriya Co. Vs. Floor, Ashar It Park, Road Op. Hsg. Society, Mahatma No. 16Z, Wagle Ind. Estate, Phule Road, Naupada, Thane (W)-400604. Thane-400601. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabfm8605N (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri Jothilakshmi Nayak (Dr) Assessee By: Shri Bhadresh K. Doshi सुनवाई की तारीख / Date Of Hearing: 10/02/2020 घोषणा की तारीख /Date Of Pronouncement: 19/03/2020 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 05.07.2018 Passed By The Commissioner Of Income Tax (Appeals) -03, Nasik [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2009-10 In Which The Penalty Levied By Ao Has Been Ordered To Be Deleted.

For Appellant: Shri Bhadresh K. DoshiFor Respondent: Shri Jothilakshmi Nayak (DR)
Section 143(1)Section 148Section 271

penalty levied u/s 271(1 )(c) without appreciating the fact that there was a definite finding in the assessment order in respect of bogus purchases and of furnishing inaccurate particulars o income relating to purchases resulting into concealment of income. 3. The appellant craves leave to add, amend, alter ... assessee firm was engaged in the business of Re-Rubbering of Textile & Printing Rolls. The AO observed that the assessee has made the bogus purchase of Rs.5,02,702/- from the various parties whose list has been shown by Sales Tax Authorities as Hawala Operators. The assessment of the assessee