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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

DCIT - Circle - 2, Thane vs. Team Engineers Pvt. Ltd., Thane

The appeal stands dismissed

ITA 5063/MUM/2018[2011-12]Status: DisposedITAT Mumbai16 Sept 2019AY 2011-12

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No. 5063/Mum/2018 (िनधा"रण वष" / Assessment Year:2011-12) Dcit-Circle-2, Thane M/S. Team Engineers Private Limited Room No.27, B-Wing Block-F, Vishal Industries Complex बनाम/ Ashar It Park Western Express Highway Wagle Indl Estate,Road No.16Z Ghodbunder Village Rd., Mira Rd. Vs. Thane-400 604. Dist Thane 401 104. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabct-4850-B (अपीलाथ"/Appellant) (""थ" / Respondent) :

For Appellant: Shri Subhash Jalan-Ld. ARFor Respondent: Shri Akhtar H. Ansari-Ld.DR
Section 133(6)Section 143(2)Section 143(3)Section 148

r.w.s. 147 of the Income Tax Act, 1961 on 27/10/2014 wherein the assessee was saddled with additions of Rs.3.28 Lacs on account of alleged bogus purchases. Pursuant to receipt of certain information, it transpired the assessee made purchases of Rs.3.28 Lacs from 2 entities, the details of which has already ... transactions to factorize for profit earned by assessee against possible purchase of material in the grey market and undue benefit of VAT against such bogus purchases, which Ld. first appellate authority has rightly done. Therefore, concurring with the 4 A.Y.2011-12 Team Engineers Private Limited approach of learned first appellate authority

ITO -WD- 3(4), Thane vs. Yogesh Chaterlal Jain, Thane

The appeal stands dismissed

ITA 5060/MUM/2018[2009-10]Status: DisposedITAT Mumbai16 Sept 2019AY 2009-10

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.5060/Mum/2018 (िनधा"रण वष" / Assessment Year:2009-10) Income Tax Officer-3(4) Shri Yogesh Chaterlal Jain Ashar It Park, 6Th Floor Shop No.6, Sanjog Apartment बनाम/ B-Wing, Room No.9 Station Road, Kalwa Road No.16-Z Thane (W)-400 605. Vs. Wagle Indl. Estate Thane (W)-400 604. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aekpj-4548-J (अपीलाथ"/Appellant) (""थ" / Respondent) : Revenue By : Shri Akhtar H. Ansari-Ld.Dr Assessee By : None सुनवाई की तारीख/ : 16/09/2019 Date Of Hearing घोषणा की तारीख / : 16/09/2019 Date Of Pronouncement

For Appellant: NoneFor Respondent: Shri Akhtar H. Ansari-Ld.DR
Section 133(6)Section 143(1)Section 143(3)Section 147Section 148

r.w.s. 147 on 07/03/2014 wherein the income of the assessee was determined at Rs.16.35 Lacs after sole addition of alleged bogus purchases for Rs.12.21 Lacs as against returned income of Rs.4.14 Lacs filed by the assessee on 11/09/2009 which was processed u/s.143(1). 2.2 Pursuant to receipt of certain information ... from investigation wing / Sales tax Department, Govt. of Maharashtra, it transpired that the assessee stood beneficiary of alleged bogus purchases to the tune of Rs.12.21 Lacs from 8 entities, the details of which have already been extracted at para-2 of the quantum assessment order. Accordingly, as per due process

ITO WD- 3 (4), Kalyan vs. Vipul C. Doshi, Dombivali

The appeal stands dismissed

ITA 5041/MUM/2018[2010-11]Status: DisposedITAT Mumbai16 Sept 2019AY 2010-11

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.5041/Mum/2018 (िनधा"रण वष" / Assessment Year:2010-11) & आयकरअपील सं./ I.T.A. No.5042/Mum/2018 (िनधा"रण वष" / Assessment Year:2011-12) Income Tax Officer Shri Vipul C. Doshi Ward-3(4), Kalyan, [Prop. Of M/S. Vip Industries] बनाम/ 2Nd Floor, Rani Mansion 2-B, New Vikas Builders, K.D. Agarwal Hall Vs. Murbad Road, Dombivali (E) Kalyan (W)-421 301. Mumbai-421 201. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaqpd-2795-P (अपीलाथ"/Appellant) (""थ" / Respondent) : Revenue By : Shri Akhtar H. Ansari-Ld.Dr Assessee By : Shri Vishwas Mehendale-Ld. Ar सुनवाई की तारीख/ : 16/09/2019 Date Of Hearing घोषणा की तारीख / : 16/09/2019 Date Of Pronouncement आदेश / O R D E R

For Appellant: Shri Vishwas Mehendale-Ld. ARFor Respondent: Shri Akhtar H. Ansari-Ld.DR
Section 133(6)Section 143(1)Section 143(2)Section 143(3)Section 145(3)Section 147Section 148Section 44A

r.w.s. 147 on 13/02/2015 wherein the income of the assessee was determined at Rs.15.73 Lacs, inter-alia, after addition of alleged bogus purchases for Rs.12.45 Lacs as against returned income of Rs.2.98 Lacs e-filed by the assessee on 12/08/2010 which was processed u/s.143(1). 2.2 Pursuant to receipt ... certain information from investigation wing / Sales tax Department, Govt. of Maharashtra, it transpired that the assessee stood beneficiary of alleged bogus purchases to the tune of Rs.12.45 Lacs from 10 entities, the details of which have already been tabulated at para-3 of the quantum assessment order. Accordingly

Aluwind Architectural Private Limited, Mumbai vs. Deputy Commissioner of Income Tax Circle 12(1)(1), Mumbai

The appeal stands partly allowed

ITA 1774/MUM/2018[2009-10]Status: DisposedITAT Mumbai16 Sept 2019AY 2009-10

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.1774/Mum/2018 (िनधा"रण वष" / Assessment Year:2009-10) Aluwind Architectural Private Limited Dcit-12(1)(1) 70C, Govt. Industrial Estate Aaykar Bhavan बनाम/ Charkop, Hindustan Naka Mumbai-400 020. Vs. Near Reliance Energy, Kandivali Mumbai-400 067. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaeca-5798-A (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Shri Harsh Kothari-Ld. Ar ""थ"कीओरसे/Respondent By : Shri Udaya Jakke-Dr सुनवाईकीतारीख/ : 05/09/2019 Date Of Hearing घोषणाकीतारीख / : 16/09/2019 Date Of Pronouncement आदेश / O R D E R

For Appellant: Shri Harsh Kothari-Ld. ARFor Respondent: Shri Udaya Jakke-DR
Section 133(6)Section 142(1)Section 143(1)Section 143(3)Section 147Section 148

Architectural Private Ltd. Assessment Year-2009-10 12(1)(1)/IT-23/2015-16 dated 04/04/2017 qua confirmation of addition to the extent of 30% against alleged bogus purchases for Rs.73.37 Lacs. The assessee, vide letter dated 28/08/2019, has filed additional ground of appeal which is merely legal ground and contest the validity ... Mumbai, hereinafter referred to as the CIT(Appeals)", erred in estimating the profit element at 30% amounting to Rs.22,01,3577- in the alleged bogus purchases of Rs.73,37,858/-. Your appellant submits that, on the facts and in the circumstances of its case, there being no bogus purchases