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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

Raina Engineers, Mumbai vs. Asst CIT Panvel Cir, Mumbai

In the result, assessee’s appeal for the assessment year 2009-10 and 2011-12 are allowed and appeal for the assessment year 2010-11 is partly allowed

ITA 3640/MUM/2015[2010-11]Status: DisposedITAT Mumbai25 Sept 2019AY 2010-11

Bench: Shri M. Balaganesh (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2009-2010 M/S Raina Engineers, The Deputy Commissioner Of A-8, Shri Ram Industrial Estate, Income Tax, G.D. Ambedkar Road, 3Rd Floor, Trifed Tower, Wadala (W), Vs. Opp. Khanda Colony, Panvel, Mumbai - 400031 Navi Mumbai Pan: Aabfr6379J Assessment Year: 2010-2011 M/S Raina Engineers, The Asst. Commissioner Of A-8, Shri Ram Industrial Estate, Income Tax, G.D. Ambedkar Road, Panvel Circle, Wadala (West), Vs. Panvel Mumbai - 400031 Pan: Aabfr6379J (Appellant) (Respondent) Assessment Year: 2010-2011 The Dy. Commissioner Of Income M/S Raina Engineers, Tax, Panvel Circle, 604, Sunder Tower, Income Tax Office, 3Rd Floor, Off. T.J. Road, Trifed Tower, Sector- 17, Vs. Opp. Swan Mills, Sewari, Opp: Khanda Colony, New Panvel, Mumbai Dist: Raigad. Pan: Aabfr6379J (Appellant) (Respondent) Assessment Year: 2011-2012 M/S Raina Engineers, The Deputy Commissioner Of A-8, Shri Ram Industrial Estate, Income Tax, G.D. Ambedkar Road, 3Rd Floor, Trifed Tower, Wadala (W), Vs. Opp. Khanda Colony, Panvel, Mumbai - 400031 Navi Mumbai Pan: Aabfr6379J Assessment Years: 2009-10, 2010-11 & 2011-12 Assessment Year: 2011-2012 The Dy. Commissioner Of Income M/S Raina Engineers, Tax, Panvel Circle, A-8, C-6, Sriram Industrial Income Tax Office, 3Rd Floor, Estate, G.D. Ambedkar Road, Trifed Tower, Sector- 17, Vs. Wadala (W), Opp: Khanda Colony, New Panvel, Mumbai - 400031 Dist: Raigad Pan: Aabfr6379J

For Appellant: Shri Vijay Mehta & Anuj KisnadwalaFor Respondent: Shri D.G. Pansari (DR)
Section 143Section 143(3)Section 147Section 148

whose name were in the list of suspicious dealers published by the Sales Tax Department, Maharashtra. As per the information, the assessee had obtained bogus purchase bills amounting to Rs. 1,32,03,198/- from seven entities mentioned in the assessment order. Accordingly, the assessee was asked to explain ... rejecting the books of accounts and also in sustaining the disallowance made by the Assessing Officer on account of alleged bogus purchases amounting to Rs. 1,32,03,198/-. 3. The appellant prays that the disallowance on account of alleged bogus purchases confirmed