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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

Nickunj Edm Wires & Consumables Pvt. Ltd., Mumbai vs. DCIT 1(2)(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 6917/MUM/2018[2010-11]Status: DisposedITAT Mumbai13 Jan 2020AY 2010-11

Bench: Sri Mahavir Singh, Jm & Sri Manoj Kumar Aggarwal, Am आयकर अपील सुं./ Ita No. 6917/Mum/2018 (यनर्ाारण वर्ा / Assessment Year 2010-11) Nickunj Edm Wires & The Dy. Commissioner Of Consumables Pvt. Ltd. Income Tax, Central Circle 4Th Floor, Sri Joravar Bhavan, बनाम/ 1(2)(2), Room No. 535, 93, M.K. Road, Marine Lines, Aayakar Bhavan, Maharshi Vs. Mumbai-400 020 Karve Marg, Mumbai-400 020 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा सुं./Pan No. Aaccn7254N अपीलार्थी की ओर से / Appellant By : Ms Kinal Bhuta, Ar प्रत्यर्थी की ओर से / Respondent By : Ms. Kavita P Kaushik, Dr सुनवाई की तारीख / Date Of Hearing: 13.01.2020 घोर्णा की तारीख / Date Of Pronouncement: 13.01.2020

For Appellant: Ms Kinal Bhuta, ARFor Respondent: Ms. Kavita P Kaushik, DR
Section 143(3)Section 147Section 271(1)(c)

particulars of income. This appeal relates to levy of penalty by the AO under section 271(1)(c) of the Act in respect of bogus purchases amounting to ₹ 78,12,614/-. The AO levied the penalty and CIT(A) confirmed the penalty. 3. The learned Counsel for the assessee took

Mangalmurti Realtors, Mumbai vs. ITO WD 5 Panvel, Mumbai

In the result, the appeals filed by the revenue is hereby ordered to be dismissed and appeal filed by the assessee is hereby ordered to be allowed

ITA 3787/MUM/2017[2012-13]Status: DisposedITAT Mumbai13 Jan 2020AY 2012-13

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.3787/Mum/2017 (निर्धारण वर्ा / Assessment Year: 2012-13) M/S. Mangalmurti Realtors बिधम/ Ito-Ward-5, Panvel 610, Piramal Chambers, Shop No.10, Plot No.1 & 10, Vs. Lalbaug, Mumbai-400012. Sector-31, Kamothe, Navi Mumbai. Ita. No. 4400/Mum/2017 (निर्धारण वर्ा / Assessment Year: 2012-13) Ito-Ward-5, Panvel बिधम/ M/S. Mangalmurti Realtors 610, Piramal Chambers, Shop No.10, Plot No.1 & 10, Vs. Lalbaug, Mumbai-400012. Sector-31, Kamothe, Navi Mumbai. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aapfm3709F (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Rishabh Mehta (Ar) Revenue By: Shri Padamapani Bora (Dr) सुनवाई की तारीख / Date Of Hearing: 08/11/2019 घोषणा की तारीख /Date Of Pronouncement: 13/01/2020 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee As Well As Revenue Have Filed The Above Mentioned Appeals Against The Order Dated 20.03.2017 Passed By The Commissioner Of Income Tax (Appeals)-1, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2012-13. Ita. No.3787/M/17 4400/M/2017 A.Y. 2012-13 2. The Assessee Has Filed The Present Appeal Against The Order Dated 20.03.2017 Passed By The Commissioner Of Income Tax (Appeals)-1, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2012- 13. 3. The Assessee Has Raised The Following Grounds: -

For Appellant: Shri Rishabh Mehta (AR)For Respondent: Shri Padamapani Bora (DR)
Section 143(2)Section 43C

under consideration. (a) The action of the learned Commissioner of Income Tax (Appeals) in making an enhancement of Rs. 5.54.863/- in relation to alleged bogus purchases for A'i' 2011-12 is non-est and without jurisdiction. Or. (b)The learned Commissioner of Income Tax (Appeals) erred in facts ... making a disallowance on account of alleged bogus purchases of Rs.5,54,863/- in relation to AY 2011-12. ITA. No.3787/M/17 4400/M/2017 A.Y. 2012-13 (c) The learned Commissioner of Income Tax (Appeals) erred in facts and low in not appreciating that the appellant had duly discharged its onus

J.K.Engineering Corporation, Howrah vs. I.T.O., Ward-47(2), Kolkata

In the result, appeal of the assessee is allowed

ITA 1849/KOL/2019[2011-12]Status: DisposedITAT Kolkata10 Jan 2020AY 2011-12

Bench: Sri J. Sudhakar Reddy) Assessment Year: 2011-12 J.K. Engineering Corporation……………........................................................……………….…......Appellant Nabanagar, Duillya Andul Howrah West Bengal – 711 302 [Pan : Aaffj 2845 P] Vs. Income Tax Officer, Ward-47(2), Kolkata……………...................................….………....…....Respondent Appearances By: Shri A.N. Keshari, Fca, Appeared On Behalf Of The Assessee. Shri Jayanta Khanra, Jcit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : December 12Th, 2019 Date Of Pronouncing The Order : January 10Th, 2020 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals) – 14, Kolkata, (Hereinafter The “Ld.Cit(A)”), Passed U/S. 250 Of The Income Tax Act, 1961 (The ‘Act’), Dt. 02/05/2019, For The Assessment Year 2011-12. 2. The Sole Issue That Arises In This Appeal For Our Adjudication Is Whether The Allegation Of The Revenue That The Assessee Has Made Bogus Purchases Of Rs.11,85,227/- From Two Parties Is Correct Or Not. The Assessing Officer Assessed A Percentage Of These Purchases As Income From The Assessee. The Two Parties Are M/S. Singh Mercantile (P) Ltd. (Rs.5,00,010/-) & M/S. Durga Commodeal (P) Ltd. (Rs.6,85,217/-). The Assessing Officer Depended On The Information Received From The Investigation Wing Of The Income Tax Department Which Conducted A Search Operation In The Case Of Shri Sanjiw Kumar Singh, U/S 132 Of The Act. Shri Sanjiw Kumar Singh, Is Alleged To Have Stated, In His Statements That, He Is Engaged In Jamakharchi Or Accommodation Entry Business. 3. The Assessee’S Case Is That, Purchases From M/S. Singh Mercantile, Does Not Pertain To The Current Financial Year. The Said Purchases Were Made For The Assessment Year 2009-10. This Fact Was Not Contradicted By The Ld. D/R. Thus, We

Section 132Section 250

sole issue that arises in this appeal for our adjudication is whether the allegation of the revenue that the assessee has made bogus purchases of Rs.11,85,227/- from two parties is correct or not. The Assessing Officer assessed a percentage of these purchases as income from the assessee ... Durga Trading Coproration is managed by Shri Sanjiw Kumar Singh a Coproration is managed by Shri Sanjiw Kumar Singh and hence it is a bogus purchase a bogus purchase as per the admission made during the course of search. as per the admission made during the course of search