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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

Income Tax Officer 29(3)(3), Mumbai vs. Smt.Seema R Singh, Mumbai

In the result both the appeals filed by the revenue are dismissed

ITA 5531/MUM/2018[2010-11]Status: DisposedITAT Mumbai10 Dec 2019AY 2010-11

Bench: Shri S Rifaur Rahman & Shri Ravish Soodआयकर अपील सं./I.T.A. No. 5531 & 5532/Mum/2018 (निर्धारण वर्ा / Assessment Years : 2010-11 & 2011-12) बिधम/ Ito 29(3)(3) Smt. Seema R Singh Room No. 306, 3Rd Floor, A/18, Chandrakunj, Chs, Vs. 2Nd Floor, Near Railway Pratyakshkar Bhavan, Bandra Kurla Complex, Station, Vikhroli (W), Bandra (E) Mumbai. Mumbai. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Avdps4533N (प्रत्यथी / Respondent) (अपीलाथी /Appellant) .. अपीलाथी ओर से / Appellant By : Shri Vinod Kumar, Dr प्रत्यथी की ओर से/Respondent By : Shri Piyush C Bolia, Ar सुनवाई की तारीख / Date Of Hearing 28/11/2019 घोषणा की तारीख /Date Of Pronouncement 10.12.2019

For Appellant: Shri Vinod Kumar, DRFor Respondent: Shri Piyush C Bolia, AR
Section 143(1)Section 271Section 274

profit @ 12.5% on sales made by the assessee and made addition of Rs. 15,19,293/- on account of suppression of gross profit through bogus purchases. The A.O also initiated penalty proceedings u/s 271(c) of the Act by issue notice u/s 274 of the Act and levied penalty ... appeal before us. 5. At the time of hearing, it is brought to our notice that the penalty was levied on the alleged bogus purchases and the income was estimated, the same was also confirmed by the Ld. DR. Therefore, in our considered view and in the catena of cases

Subhashish Dutta, Howrah vs. I.T.O., Ward-46(4), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1477/KOL/2019[2014-15]Status: DisposedITAT Kolkata06 Dec 2019AY 2014-15

Bench: Shri P.M. Jagtap(Kz)] I.T.A. No. 1477/Kol/2019 Assessment Year: 2014-15 Subhashish Dutta......................................…………………………...........................................Appellant 144/2, Madhusudan Paul Chowdhury Lane, Kadamtala, Howrah – 711 101. [Pan: Aeepd 0483 N] Vs Ito, Ward – 46(4), Kolkata...................……………………………………………….............Respondent 3, Govt. Place (West), Kolkata – 700 001. Appearances By: Smt. P. Shaw, Aca Appearing On Behalf Of The Assessee. Shri Dhrubajyoti Roy, Jcit, Sr. Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 13, 2019 Date Of Pronouncing The Order : December 06, 2019 Order This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit(A) – 14, Kolkata Dated 19.03.2019 & The Solitary Issue Involved Therein Relates To The Addition Of Rs. 1,47,525/- Made By The Ao & Confirmed By The Ld. Cit(A) On Account Of The Alleged Bogus Purchase.

Section 133(6)

addition of Rs. 1,47,525/- made by the AO and confirmed by the Ld. CIT(A) on account of the alleged bogus purchase. 2. The assessee in the present case is an individual who filed his return of income for the year under consideration on 29.11.2014 declaring a total ... extent to the total income of the assessee. 3. The addition of Rs. 1,47,525/- made by the AO on account of alleged bogus purchases was challenged by the assessee in the appeal filed before the Ld. CIT(A). During the course of appellate proceedings before