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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

ITO 17(2)(4), Mumbai vs. Shri. Nagib Hussainy Hussain, Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 570/MUM/2019[2009-10]Status: DisposedITAT Mumbai14 Feb 2020AY 2009-10

Bench: Shri Saktijit Dey & Shri G. Manjunathaबनाम बनाम/ बनाम बनाम Ito 17(2)(4) Shri Nagib Husainy R.No. 123B, 1St Floor, Hussain, Vs. Aayakar Bhavan, Flat No. 8, 2Nd Floor, Md Churchgate, Mumbai. Bldg, 56, Nathlal Parekh Marg, Wood House Road, Coloba, Mumbai – 400005. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaph0986J (अपीलाथ" /Appellant) (""यथ" / Respondent) .. अपीलाथ" ओर से / Appellant Shri Sourabh Deshpande, Dr By : ""यथ" क" ओर None से/Respondent By : सुनवाई क" तारीख / / / / Date Of 03/02/2020 Hearing घोषणा क" तारीख /Date Of 14/02 /2020 Pronouncement आदेश / O R D E R Per Shri G. Manjunatha- Am: This Appeal Filed By The Revenue Is Directed Against Order Of The Ld. Cit(A)-58, Mumbai, Dated 20/11/2018 & It Pertains To The A.Y 2009-10. 2. The Revenue Has Raised The Following Grounds Of Appeal:

Section 133(6)Section 143(1)Section 143(3)Section 147

justified in restring the addition made by the A.O to 15% of Rs. 4,38,028/- against the addition made at 100% of the bogus purchases, ignoring that assessee was unable to prove the genuineness of the purchases either by producing the suppliers for examination or by furnishing other substantiating ... DGIT, investigation, Mumbai, as per which, 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

ITO-17(1)(1), Mumbai vs. Mr. Akshay Ramprasad Agrawal, Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 558/MUM/2019[2009-10]Status: DisposedITAT Mumbai14 Feb 2020AY 2009-10

Bench: Shri Saktijit Dey & Shri G. Manjunathaबनाम बनाम/ बनाम बनाम Ito 17(1)(1) Mr. Akshay Ramprasad R.No. 115, 1St Floor, Agarwal, Vs. Aayakar Bhavan, 41, Santam Apartment, 93, Churchgate, Mumbai. Cufee Parade, Mumbai. Pin - 400 005. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aevpa1819G (अपीलाथ" /Appellant) (""यथ" / Respondent) .. अपीलाथ" ओर से / Appellant Shri Sourabh Deshpande, Dr By : ""यथ" क" ओर None से/Respondent By : सुनवाई क" तारीख / / / / Date Of 03/02/2020 Hearing घोषणा क" तारीख /Date Of 14/02/2020 Pronouncement आदेश / O R D E R Per Shri G. Manjunatha- Am: This Appeal Filed By The Revenue Is Directed Against Order Of The Ld. Cit(A)-55, Mumbai, Dated 19/11/2018 & It Pertains To The A.Y 2009-10. 2. The Revenue Has Raised The Following Grounds Of Appeal: 1. Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Was Justified In Restricting The Addition

Section 133(6)Section 143(1)Section 143(3)Section 147

restricting the addition 558/Mum/2019. Akshay Ramprasad Agarwal. made by the AO 8% of Rs. 6.39,917/- against the addition made at 12.5% of the bogus purchases, ignoring that the assessee was unable to prove the genuineness of the purchases either by producing the suppliers for examination or by furnishing other ... DGIT, investigation, Mumbai, as per which, 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

Income Tax Officer 19(3)(1), Mumbai vs. Rajesh M. Chauhan, Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 531/MUM/2019[2009-10]Status: DisposedITAT Mumbai14 Feb 2020AY 2009-10

Bench: Shri Saktijit Dey & Shri G. Manjunathaबनाम बनाम/ बनाम बनाम Ito 19(3)(1) Shri. Rajesh M. Chauhan Matru Mandir, Room C/O Dodhia Industries, Vs. No. 202, Tardeo Road, 403, Dharam Palace, Mumbai. National Park, Shantivan, Pin – 400 007. Borivali (East), Mumbai – 400 066. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaepc3596K (अपीलाथ" /Appellant) (""यथ" / Respondent) .. अपीलाथ" ओर से / Appellant Shri Sourabh Deshpande, Dr By : ""यथ" क" ओर None से/Respondent By : सुनवाई क" तारीख / / / / Date Of 03/02/2020 Hearing घोषणा क" तारीख /Date Of 14/02/2020 Pronouncement आदेश / O R D E R Per Shri G. Manjunatha- Am: This Appeal Filed By The Revenue Is Directed Against Order Of The Ld. Cit (A)-30, Mumbai, Dated 12/10/2018 & It Pertains To The A.Y 2009-10. 2. The Revenue Has Raised The Following Grounds Of Appeal:

Section 143(1)Section 143(3)Section 147Section 531

DGIT, investigation, Mumbai, as per which, 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 ... accommodation bills of bogus purchases from various parties as listed by the AO in para 2 of his assessment order amounting to Rs. 30,22,473/-. The case was selected for scrutiny and the assessment has been completed u/s. 143(3).r.w.s. 147 of the I.T.Act, 1961 on 23/03/2015

ITO, 19(3)(4), Mumbai vs. Sunita Ankush Kurale, Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 529/MUM/2019[2009-10]Status: DisposedITAT Mumbai14 Feb 2020AY 2009-10

Bench: Shri Saktijit Dey & Shri G. Manjunathaबनाम बनाम/ बनाम बनाम Ito 19(3)(4) Smt. Sunita Ankush Matru Mandir, Room Kurale, Vs. No. 210, Tardeo Road, Sai, Flat No. 4A, 2Nd Floor, Mumbai. Building No. 26, Durgadevi Pin – 400 007. Street Opp Durgadevi Temple, Kumbhawada. Mumbai. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Anwpk6615J (अपीलाथ" /Appellant) (""यथ" / Respondent) .. अपीलाथ" ओर से / Appellant Shri Sourabh Deshpande, Dr By : ""यथ" क" ओर None से/Respondent By : सुनवाई क" तारीख / / / / Date Of 03/02/2020 Hearing घोषणा क" तारीख /Date Of 14 /02/2020 Pronouncement आदेश / O R D E R Per Shri G. Manjunatha- Am: This Appeal Filed By The Revenue Is Directed Against Order Of The Ld. Cit (A)-30, Mumbai, Dated 03/10/2018 & It Pertains To The A.Y 2009-10. 529/Mum/2019. Sunita Ankush Kurale. 2. The Revenue Has Raised The Following Grounds Of Appeal:

Section 133(6)Section 143(1)Section 143(3)Section 147

DGIT, investigation, Mumbai, as per which, 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 ... accommodation bills of bogus purchases from various parties as listed by the AO in para 2 of his assessment order amounting to Rs. 5,08,141/-. The case was selected for scrutiny and the assessment has been completed u/s. 143(3).r.w.s. 147 of the I.T.Act, 1961 on 05/03/2015

ITO, 29(3)(5), Mumbai vs. Sandeep Suresh Mayekar, Mumbai

In the result, the appeal of the Revenue is dismissed

ITA 1155/MUM/2019[2010-11]Status: DisposedITAT Mumbai12 Feb 2020AY 2010-11

Bench: Sri C N Prasad, Jm & Sri Rajesh Kumar, Am आयकर अपील सुं./ Ita No. 1155/Mum/2019 (यनर्ाारण वर्ा / Assessment Year 2010-11) The Income Tax Officer Shri Sandeep Suresh Mayekar Ward 29(3)(5), Mumbai 1262, Bldg. No.52, Shraddha बनाम/ Co-Op Hsg. Soc, Kannamwar Nagar-1, Vikhroli (E), Vs. Mumbai-400 083 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा सुं./Pan No. Akrpm6350L अपीलार्थी की ओर से / Appellant By : Shri R Bhoopathi, Dr प्रत्यर्थी की ओर से / Respondent By : None सुनवाई की तारीख / Date Of Hearing: 12.02.2020 घोर्णा की तारीख / Date Of Pronouncement: 12.02.2020 आदेश / O R D E R

For Appellant: Shri R Bhoopathi, DRFor Respondent: None
Section 133(6)Section 143(3)Section 147

Revenue is against the order of CIT(A) restricting the action of the AO in estimating the profit rate at 6% of the bogus purchases as against 22.93% by the AO. 4. Briefly stated facts are that the assessee engaged in the business of Electrical Contractor. The AO received information ... return income of the assessee. Aggrieved, assessee preferred the appeal before CIT(A), who restricted the disallowance at 6% of the bogus purchases by observing in para 4.15 by observing as under: - “4.15 However, keeping in view of the various judicial pronouncements as mentioned above, a reasonable estimated suppressed profit

ITO, 29(3)(5), Mumbai vs. Samir Shantilal Gosar, Mumbai

In the result, the appeal of the Revenue is dismissed

ITA 1154/MUM/2019[2011-12]Status: DisposedITAT Mumbai12 Feb 2020AY 2011-12

Bench: Sri C N Prasad, Jm & Sri Rajesh Kumar, Am आयकर अपील सुं./ Ita No. 1154/Mum/2019 (यनर्ाारण वर्ा / Assessment Year 2010-11) The Income Tax Officer Shri Samir Shantilal Gosar Ward-29(3)(5) 18, Kala Udyog Industrial Room No. 211, C-10, 2Nd Floor, Estate, Opp. Shangrilla बनाम/ Prathashakar Bhavan, Bandra Biscuits, L.B.S. Marg, Vs. Kurla Complex, Bandra (East), Bhandup (W),Mumbai-400 078 Mumbai-400 051 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा सुं./Pan No. Ajmpg5137D अपीलार्थी की ओर से / Appellant By : Shri R Bhoopathi, Dr प्रत्यर्थी की ओर से / Respondent By : None सुनवाई की तारीख / Date Of Hearing: 12.02.2020 घोर्णा की तारीख / Date Of Pronouncement: 12.02.2020

For Appellant: Shri R Bhoopathi, DRFor Respondent: None
Section 133(6)Section 143(3)Section 147

Revenue is against the order of CIT(A) restricting the action of the AO in estimating the t rate at 6% of the bogus purchases as against 25% applied by the AO. 4. Briefly stated facts are that the assessee engaged in the business of Printing & Publishing of product labels ... return income of the assessee. Aggrieved, assessee preferred the appeal before CIT(A), who restricted the disallowance at 6% of the bogus purchases by observing in para 4.15 by observing as under: - “4.15 However, keeping in view of the various judicial pronouncements as mentioned above, a reasonable estimated suppressed profit

Bhawarlal Kesharimal Jain, Mumbai vs. ITO, Ward-18(3)(1), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 1071/MUM/2019[2010-11]Status: DisposedITAT Mumbai12 Feb 2020AY 2010-11

Bench: Sri C N Prasad, Jm & Sri Rajesh Kumar, Am आयकर अपील सुं./ Ita No. 1071/Mum/2019 (यनर्ाारण वर्ा / Assessment Year 2010-11) आयकर अपील सुं./ Ita No. 1072/Mum/2019 (यनर्ाारण वर्ा / Assessment Year 2011-12) Shri Bhawarlal Kesharimal Jain The Income Tax Officer Shop No.5, R.K. Wadi Building, Ward-18(3)(1) बनाम/ 2Nd Parsiwada Lane, V.P. Road, Mumbai-400 021 Vs. Mumbai-400 004 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा सुं./Pan No. Aatpj1678G अपीलार्थी की ओर से / Appellant By : Shri M.S. Mathuria, Ar प्रत्यर्थी की ओर से / Respondent By : Shri R. Bhoopathi, Dr सुनवाई की तारीख / Date Of Hearing: 12.02.2020 घोर्णा की तारीख / Date Of Pronouncement: 12.02.2020

For Appellant: Shri M.S. Mathuria, ARFor Respondent: Shri R. Bhoopathi, DR
Section 133(6)Section 143(3)Section 147

appeals of assessee is against the order of CIT(A) confirming the addition made by AO applying the profit rate at 12.5% of the bogus purchase. For this assessee has raised identically worded grounds in both the years except the quantum. The facts and circumstances are exactly identical in both ... returned income of the assessee. Aggrieved, assessee preferred the appeal before CIT(A), who confirmed the disallowance of the bogus purchases by observing in para 4.11 by following the decision of Hon’ble Gujarat High court in the case of CIT vs. Smith P. Seth