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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 27 (3)(5), Mumbai vs. Vrajlal Manilal Shah, Mumbai

In the result, the appeal filed by the revenue is dismissed

ITA 6179/MUM/2018[2009-10]Status: DisposedITAT Mumbai28 Nov 2019AY 2009-10

Bench: Shri Saktijit Dey () & Shri N.K. Pradhan () Assessment Year: 2009-10 Income Tax Officer-27(3)(5), Shri Vrajlalmanilal Shah (Prop. R. No. 428, 4Th Floor, Tower Vs. M/S Vacuum Form Products) No. 6, Vashi Railway Station, 37, Vadhani Industrial Estate, Vashi, Navi Mumbai-400703. L.B.S. Road, Opp. Shreyas Cinema, Ghatkopar (W), Mumbai-400086. Pan No. Aagps2788D Appellant Respondent Revenue By : Smt. Jothilakshmi Nayak, Sr. Dr Assessee By : Ms. Dinkle Hariya, Ar Date Of Hearing : 25/11/2019 Date Of Pronouncement : 28/11/2019. Order Per N.K. Pradhan, A.M. This Is An Appeal Filed By The Revenue. The Relevant Assessment Year Is 2009-10. The Appeal Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-25, Mumbai [In Short ‘Cit(A)’] & Arises Out Of The Assessment Completed U/S 143(3) R.W.S. 147 Of The Income Tax Act 1961, (The ‘Act’). 2. The Grounds Of Appeal Filed By The Revenue Read As Under :

For Appellant: Ms. Dinkle Hariya, ARFor Respondent: Smt. Jothilakshmi Nayak, Sr. DR
Section 133(6)Section 143(3)Section 148

erred in deleting the addition of Rs.1,38,104/- made by the Assessing Officer on account of bogus purchases without appreciating the fact that the assessee had Shri VrajlalManilal Shah 2 failed to produce bills, vouchers and other documentary evidences in support of his claim and without considering the latest ... erred in estimating the profit from Hawala purchases by disallowing only Rs.19,729/- being 12.5% of the bogus purchases as even the basic onus of producing delivery challans, transportation details etc. were not fulfilled by the assessee? 3. Briefly stated, the facts of the case are that the assessee filed

Shri Nimesh Jabarmal Chandani, Mumbai vs. Income Tax Officer 19(2)(4), Mumbai

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

ITA 4261/MUM/2018[2011-12]Status: DisposedITAT Mumbai28 Nov 2019AY 2011-12

Bench: Shri R.C.Sharma, Am Shri Nimesh Jabarmal Chandani Vs. Income Tax Officer Ground Floor, Shop No.91-95 19(2)(4) Kika Street, Gulalwadi Room No.210, Matru Mumbai – 400 004 Mandir, Tardeo Mumbai – 400 007 Pan/Gir No.Adcpj2850Q (Appellant) .. (Respondent) Assessee By Shri Praful L Vora Revenue By Shri Akthar H Ansari Date Of Hearing 07/11/2019 Date Of Pronouncement 28/11/2019 आदेश / O R D E R Per: R.C. Sharma, A.M. This Is An Appeal Filed By The Assessee Against The Order Of Cit(A)- 53, Mumbai Dated 16/04/2018 For A.Y.2011-12 In The Matter Of Order Passed U/S.143(3) R.W.S. 147 Of The Income Tax Act, 1961. 2. In This Appeal Assessee Is Aggrieved For Reopening Of Assessment.

Section 133(6)Section 143(3)

known” or “ no such addresses, left etc”. As the assessee was unable to prove the genuineness, AO estimated profit at 12.5% on such bogus purchases and added the same in assessee’s income after relying on the decision of Gujarat High Court in the case of Simit P Sheth ... deciding afresh after considering the actual rate of VAT to be levied on the assessee and thereafter, estimate profit margin for such bogus purchases. I direct accordingly. 6. In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 28/11/2019. (R.C.SHARMA) ACCOUNTANT