← All Phrases

“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

Navdeep Metals, Mumbai vs. ITO - 19 (2)(4), Mumbai

In the result, the appeal of assessee is partly allowed

ITA 5484/MUM/2018[2011-12]Status: DisposedITAT Mumbai16 Oct 2019AY 2011-12

Bench: Sri Mahavir Singh, Jm & Sri G Manjunatha, Am Aayakr Apila Sam./ Ita No. 5484/Mum/2018 (Inaqa-Arna Baya- / Assessment Year:2011-12) Navdeep Metals Vs. Ito, Ward-19(2)(4), C/O. D.C. Bothra & Co. Llp (Ca) Mumbai. (Formerly Known As D.C. Bothra & Co.) 297, Tardeo Road, Wille Mansion, 1St Floor, Opp. Bank Of India, Nana Chowk, Mumbai 400 007. (Apilaaqai- / Appellant) (P`%Yaqaai-/ Respondent) . स्थायीलेखा िं./Pan No. Aabfn5375N अपीलाथी की ओर े/ Appellant By : Shri Akhtar H. Ansari प्रत्यथी की ओर े/ Respondent By : Shri Rajkumar Singh ुनवाई की तारीख/ Date Of Hearing: 16-10-2019 घोषणा की तारीख/ Date Of Pronouncement : 16-10-2019

For Appellant: Shri Akhtar H. AnsariFor Respondent: Shri Rajkumar Singh
Section 143(3)Section 147

against the order of CIT(A) confirming the action of the AO in estimating the profit at the rate of 12.5% of the bogus purchases. 3. Briefly stated facts are that the assessee engaged in the business of Ferrous & Ferrous Metals. The AO received information from DGIT (Investigation ... return income of the assessee. Aggrieved, assessee preferred the appeal before CIT(A), who sustained the disallowance at 12.5% of the bogus purchases by observing in para 6.2.13 & 6.3 and by following the decision of Hon’ble Gujarat High court in the case of CIT vs. Smith P. Seth

ITO - 27(1)(1), Mumbai vs. Ankit Ajit Doshi, Mumbai

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

ITA 4964/MUM/2018[2010-11]Status: DisposedITAT Mumbai16 Oct 2019AY 2010-11

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. Nos. 4964 & 4965/Mum/2018 (निर्धारण वर्ा / Assessment Years: 2010-11 & 2011-12) Ito-27(1)(1) बिधम/ Shri Ankit Ajit Doshi Tower No.6, 4Th Floor, Room 13/B, Vallabh Chsl, Tilak Vs. No. 406, Vashi Rly. Station Road, Opp. Ashirwad Heart Complex, Vashi, Navi Hospital, Ghatkopar, Mumbai. Mumbai-77. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aidpd8631P (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri Chaitanya Anjaria (Dr) Assessee By: None सुनवाई की तारीख / Date Of Hearing: 05/09/2019 घोषणा की तारीख /Date Of Pronouncement: 16/10/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Above Mentioned Appeals Against The Different Order Passed By The Commissioner Of Income Tax (Appeals) -24, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys. 2010-11 & 2011-12. Ita. No. 4964/M/2018 2. The Revenue Has Filed The Present Appeal Against The Order Dated 07.05.2018 Passed By The Commissioner Of Income Tax (Appeals) -24, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2010- 11. Ita Nos. 4964 & 4965/M/2018 A.Ys. 2010-11 & 2011-12 3. The Assessee Has Raised The Following Grounds: -

For Appellant: NoneFor Respondent: Shri Chaitanya Anjaria (DR)
Section 69C

erred in deleting the addition of Rs.1,79,174/- made by the Assessing Officer on account of bogus purchases, without appreciating the fact that the assessee had failed to produce bills, vouchers and other documentary evidences in support of his claim and without considering the latest Apex Court decision ... case, the Ld. CIT(A) erred in estimating the profit from Hawala purchases by disallowing only Rs.3,00,406/- being 12.5% of the bogus purchases as even the basic onus of producing transport bills, delivery challans, etc. were not fulfilled by the assessee. 3. The appellant prays that the order

Mukesh P. Jain, Mumbai vs. ACIT- 19(2), Mumbai

In the result, the appeals filed by the assessee are hereby ordered to be allowed accordingly

ITA 4954/MUM/2018[2010-11]Status: DisposedITAT Mumbai16 Oct 2019AY 2010-11

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. Nos. 4954 & 4955/Mum/2018 (निर्धारण वर्ा / Assessment Years: 2010-11 & 2011-12) Mukesh P. Jain बिधम/ Acit 19(2) Matru Mandir, 2Nd Floor, C/O. D. C. Bothra & Co. Llp Vs. (Ca) (Formerly Known As Tardeo Road, Mumbai- Dd Bothra & Co.) 297, 400007. Tardeo Road, Wille Mansion 1St Floor Opp Bank Of India, Nana Chowk, Mumbai- 400007. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaopj7928A (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Rajkumar Singh Revenue By: Shri Chaitanya Anjaria (Dr) सुनवाई की तारीख / Date Of Hearing: 05/09/2019 घोषणा की तारीख /Date Of Pronouncement: 16/10/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Above Mentioned Appeals Against The Different Order Passed By The Commissioner Of Income Tax (Appeals) -51, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys. 2010-11 & 2011-12. Ita. No. 4954/M/2018 2. The Assessee Has Filed The Present Appeal Against The Order Dated 04.05.2018 Passed By The Commissioner Of Income Tax (Appeals) -51

For Appellant: Shri Rajkumar SinghFor Respondent: Shri Chaitanya Anjaria (DR)
Section 143(1)Section 147Section 148

basis of the information received from the DGIT(Inv.), Mumbai in which it was conveyed that the assessee has taken the accommodation entries of bogus purchase in sum of Rs.52,59,176/- from the following two parties. Name of the hawala parties Bill Amount Rolex Trading Company 1730872 Shubh Labh ... Metal & Alloys 3528304 Total 5259176 A.Ys. 2010-11 & 2011-12 5. After the reply of the assessee, the AO disallowed the bogus purchase @ 12.5% which comes to the tune of Rs.6,57,397/-. The total income of the assessee was assessed to the tune of Rs.31,02,150/-. Feeling aggrieved

M/S.Elmec Industries, Mumbai vs. ITO 19(3)(1), Mumbai

In the result, the appeal filed by the assessee is hereby ordered to be allowed accordingly

ITA 4953/MUM/2018[2011-12]Status: DisposedITAT Mumbai16 Oct 2019AY 2011-12

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.4953/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2011-12) M/S. Elmec Industries बिधम/ Ito 19(3)(1) 43-A, Sea Queen, H.K. Mumbai. Vs. Bhabha Road, Banstand, Bandra (W), Mumbai- 400050. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaafe7458A (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: None Revenue By: Shri Chaitanya Anjaria (Dr) सुनवाई की तारीख / Date Of Hearing: 05/09/2019 घोषणा की तारीख /Date Of Pronouncement: 16/10/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 31.05.2018 Passed By The Commissioner Of Income Tax (Appeals) -32, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2011-12. 2. The Assessee Has Raised The Following Grounds: -

For Appellant: NoneFor Respondent: Shri Chaitanya Anjaria (DR)
Section 131Section 133(6)Section 143(1)Section 143(3)Section 148Section 234ASection 271

facts and circumstances of the case and in law, the Assessing Officer erred in adding Rs 10.77.397/- as alleged Bogus purchases being 12.5% of the total purchases amounting to Rs. 86.19,181/- a) In facts and the circumstances of the case and in law, the learned A.O. erred in adding ... alleged bogus purchases being 12.5% of the total purchases amounting to Rs. 86,19.181/-, even though the payment for purchases is made from the books by A/C payee cheques and cannot be termed as bogus even though the same has been fully allowed by the jurisdictional Mumbai Tribunal in recent

Shri Jabarsingh D. Rajpurohit, Mumbai vs. I.T.O. - 19(2)(1), Mumbai

In the result, the appeal filed by the assessee is hereby ordered to be allowed accordingly

ITA 4762/MUM/2018[2010-11]Status: DisposedITAT Mumbai16 Oct 2019AY 2010-11

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.4762/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2010-11) Shri Jabarsingh D. बिधम/ Ito 19(2)(1) Room No.221, 2Nd Floor, Rajpurohit Vs. 47, Shantibhavan, 1St Matru Mandir, Tardeo, Carpenter Street, Mumbai- Mumbai-400007. 400004. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Ahppr7863N (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Ajay Nagpal Revenue By: Shri Chaitanya Anjaria (Dr) सुनवाई की तारीख / Date Of Hearing: 04/09/2019 घोषणा की तारीख /Date Of Pronouncement: 16/10/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 08.06.2018 Passed By The Commissioner Of Income Tax (Appeals) -30, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2010-11. 2. The Assessee Has Raised The Following Grounds: -

For Appellant: Shri Ajay NagpalFor Respondent: Shri Chaitanya Anjaria (DR)
Section 143(1)Section 145(3)Section 234BSection 271(1)(c)

basis of information received from the DGIT(Inv.) Wing, Mumbai in which it was conveyed that the assessee has taken the accommodation entries of bogus purchase in sum of Rs.77.97.862/- from the following ten parties. Ujjwal Sales Corporation ALKPP1442N 2009-10 1340580 Shivam Metal Industries BOHPS0089B 2009-10 132175 Rohant ... Ferrous and Non-Ferrous metals. After the reply of the assessee, the AO raised the addition to the extent of 12.5% of the bogus purchase in sum of Rs.77,97,862/ i.e. to the tune of Rs.9,74,733/-. The total income of the assessee was assessed to the tune

Mr. Sureshchandra R. Mittal, Mumbai vs. ITO 25(1)(3), Mumbai

In the result, the appeals filed by the assessee are hereby ordered to be partly allowed accordingly

ITA 4757/MUM/2018[2010-11]Status: DisposedITAT Mumbai16 Oct 2019AY 2010-11

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. Nos. 4757 & 4758/Mum/2018 (निर्धारण वर्ा / Assessment Years: 2010-11 & 2011-12) Mr. Sureshchandra R. Mittal बिधम/ Ito 25(1)(3) B-201, Sanjeev Enclave, J.P. Pratyakshakar Bhavan, Vs. Rd, Near Seven Bunglow Bandra Kurla Complex, Garden Andheri (W), Bandra, Mumbai-400051. Mumbai-400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadpm733Rc (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: None Revenue By: Shri Chaitanya Anjaria (Dr) सुनवाई की तारीख / Date Of Hearing: 03/09/2019 घोषणा की तारीख /Date Of Pronouncement: 16/10/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Above Mentioned Appeals Against The Different Order Passed By The Commissioner Of Income Tax (Appeals) -37, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys.2010-11 & 2011-12. Ita. No. 4757/M/2018 2. The Assessee Has Filed The Present Appeal Against The Order Dated 08.06.2018 Passed By The Commissioner Of Income Tax (Appeals) -37, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2010- 11. Ita No. 4757 & 4758/M/2018 A.Y. 2010-11 & 2011-12 3. The Assessee Has Raised The Following Grounds: -

For Appellant: NoneFor Respondent: Shri Chaitanya Anjaria (DR)
Section 143(2)Section 147Section 148

basis of information received from DGIT(Inv.), Mumbai in which it was conveyed that the assessee has taken the accommodation entries of bogus purchase in sum of Rs.46,81,024/- from the following three parties. TIN Name of the Party Amount 27280526504V Rajendra Impex India 213,283 27120366639V Rajgala Traders ... Total 46,81,024 5. After the reply of the assessee, the AO restricted the addition to the extent of 12.5% of the bogus purchase. The total income of the assessee was assessed to the tune of Rs.9,21,250/-. Feeling aggrieved, the assessee filed an appeal before

Mr.Ashik Ali Unwala, Mumbai vs. Income Tax Officer 20(1)(2), Mumbai

The appeal stands allowed in terms of our above order

ITA 2271/MUM/2018[2009-10]Status: DisposedITAT Mumbai15 Oct 2019AY 2009-10

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.2271/Mum/2018 (िनधा"रण वष" / Assessment Year:2009-10) Mr. Ashik Ali Unwala Ito -20(1)(2) बनाम/ 1St Floor, Piramal Chambers G/201, Veena Beena Apts. A.D. Marg, Sewree. Lalbaug, Mumbai. Vs. Mumbai-400 015. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aajpu-6927-H (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Shri C.V. Dharkar-Ld.Ar ""थ"कीओरसे/Respondent By : Shri S. Michael Jerald-Ld.Dr सुनवाईकीतारीख/ : 15/10/2019 Date Of Hearing घोषणाकीतारीख / : 15/10/2019 Date Of Pronouncement आदेश / O R D E R

For Appellant: Shri C.V. Dharkar-Ld.ARFor Respondent: Shri S. Michael Jerald-Ld.DR
Section 133(6)Section 143(3)Section 271(1)(c)

order dated 27/08/2015. 2. Facts leading to imposition of penalty are that the assessee has been saddled with estimated additions of 12.5% of alleged bogus purchases of Rs.54.21 Lacs in an assessment framed u/s 143(3) r.w.s. 147 on 27/02/2015. Pursuant to receipt of certain information from Sales Tax Department ... Maharashtra, it was alleged that the assessee obtained bogus purchase bills aggregating to Rs.54.21 Lacs from 11 entities. Although the assessee, in defense, produced details of purchase, corresponding sales made against those purchases, bank statements evidencing payment to the stated suppliers, however, it failed to produce any of the supplier