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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

Motilal P. Jain, Mumbai vs. ITO 19(2)(3), Mumbai

In the result assessee's appeal is partly allowed

ITA 4293/MUM/2018[2011-12]Status: DisposedITAT Mumbai11 Sept 2019AY 2011-12

Bench: Shri Shamim Yahya (Am)

appeal by the assessee wherein the assessee is aggrieved that the learned CIT-A has erred in sustaining 12.5% disallowance on account of bogus purchases, vide order dated 23.3.2018 pertaining to assessment year 2011-12. 2. Brief facts of the case are that the assessee in this case is engaged ... ferrous metal. The Assessment in this case was reopened upon receipt of information from the sales tax Department that assessee has made bogus purchases. The assessee submitted the purchase vouchers and the payments were made through banking channel. However the suppliers were not produced before the assessing officer. Sales

Prateek Gupta, Mumbai vs. DCIT Cen Cir 4(2), Mumbai

In the result, appeals of the assessee are allowed in part in terms indicated hereinabove and appeals of the Revenue are dismissed

ITA 3861/MUM/2018[2008-09]Status: DisposedITAT Mumbai11 Sept 2019AY 2008-09

Bench: Shri R.C.Sharma, Am & Shri Pawan Singh, Jm & Shri Prateek Gupta Vs. Dy. Commissioner Of 6Th New Harileela House Income Tax-Cc-4(2) Mint Road, Fort Mumbai, Air India Building 19Th Floor, Room No.1918, Mumbai – 400 001 Nariman Point Mumbai – 400 021 Pan/Gir No.Aaspg9494L (Appellant) .. (Respondent) & Dy. Commissioner Of Vs. Shri Prateek Gupta 6Th New Harileela House Income Tax-Cc-4(2) Mumbai, Air India Mint Road, Fort Building Mumbai – 400 001 19Th Floor, Room No.1918, Nariman Point Mumbai – 400 021 Pan/Gir No.Aaspg9494L (Appellant) .. (Respondent)

Section 132Section 143(3)Section 153A

Income Tax Act, 1961. 2. Grievance of both the assessee and revenue relates to addition made and partly deleted on account of alleged bogus purchases. 3. Briefly stated, the facts of the case are that search & seizure action u/s 132 has been carried out on the Ushdev group ... from M7s Sai International Impex and subsequently in the assessment u/s 143(3) r.w.s. 153A, a further addition of the entire amount of alleged bogus purchases of Rs 9,37,11,967/- from the said party has been made which has resulted in double addition of an amount

Shri Chandan Dhingadmal Jain, Mumbai vs. Income Tax Officer Ward-19(1)(3), Mumbai

In the result, appeals by the assessee are party allowed

ITA 1308/MUM/2018[2010-11]Status: DisposedITAT Mumbai11 Sept 2019AY 2010-11

Bench: Shri Shamim Yahya (Am)

appeals by the assessee wherein the assessee is aggrieved that the learned CIT-A has erred in sustaining 12.5% disallowance on account of bogus purchases, pertaining to assessment year 2010-11 & 2011-12. Earlier the appeals were disposed of by the ITAT ex-parte. Subsequently, they were recalled. 2. Brief ... ferrous metal. The Assessment in this case was reopened upon receipt of information from the sales tax Department that assessee has made bogus purchases. The assessee submitted the purchase vouchers and the payments were made through banking channel. However the suppliers were not produced before the assessing officer. Sales

DCIT11(1)(1), Mumbai vs. Renaissance Jewellery Ltd, Mumbai

In the result, Revenue’s appeals are partly allowed

ITA 6279/MUM/2017[2013-14]Status: DisposedITAT Mumbai11 Sept 2019AY 2013-14

Bench: Shri Shamim Yahya (Am) & Shri Ravish Sood (Jm)

appeals by the Revenue wherein the Revenue is aggrieved that the learned CIT-A has erred in sustaining 3% disallowance on account of bogus purchases, vide respective orders pertaining to A.Ys. 2011-12 & 2013- 14. 2. Brief facts of the case are that assessee is engaged in the business ... assessment in this case was reopened upon receipt of information from the Investigation Wing of the Department that the assessee has made bogus purchases. The assessee submitted the purchase vouchers and the payments were made through banking channel. However, the suppliers were not produced before the Assessing Officer sales

ACIT Circle-46(1), New Delhi vs. Ram Niwas Gupta, New Delhi

In the result, the appeal of the assessee is allowed and appeal of the Revenue is dismissed

ITA 4886/DEL/2019[2015-16]Status: DisposedITAT Delhi11 Sept 2019AY 2015-16

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri D.C. Agarwal, Adv. & Shri R.NFor Respondent: Smt. Sulekha Verma, CIT-DR
Section 143(3)Section 68

account of difference in credit balance with one of the sundry creditor, M/s. Arcotech Limited which has been treated as bogus purchases by the Assessing Officer; secondly, addition of Rs.25 lacs on account of difference in credit balance with sundry creditor, M/s. A.V. Infraprojects Pvt. Ltd. which too has been ... treated as bogus purchases; and lastly, addition of Rs.3,15,25,170/- being amount of additional credit balance in the account of M/s. Progressive alloys India Pvt. Ltd. as bogus purchases. 3. Whereas, in Revenue’s appeal the only dispute is with regard to deletion of unexplained credit of Rs.1

Ram Niwas Gupta, New Delhi vs. ACIT Circle-46(1), New Delhi

In the result, the appeal of the assessee is allowed and appeal of the Revenue is dismissed

ITA 3787/DEL/2019[2015-16]Status: DisposedITAT Delhi11 Sept 2019AY 2015-16

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri D.C. Agarwal, Adv. & Shri R.NFor Respondent: Smt. Sulekha Verma, CIT-DR
Section 143(3)Section 68

account of difference in credit balance with one of the sundry creditor, M/s. Arcotech Limited which has been treated as bogus purchases by the Assessing Officer; secondly, addition of Rs.25 lacs on account of difference in credit balance with sundry creditor, M/s. A.V. Infraprojects Pvt. Ltd. which too has been ... treated as bogus purchases; and lastly, addition of Rs.3,15,25,170/- being amount of additional credit balance in the account of M/s. Progressive alloys India Pvt. Ltd. as bogus purchases. 3. Whereas, in Revenue’s appeal the only dispute is with regard to deletion of unexplained credit of Rs.1

Dinesh P. Parekh, Dombivali vs. ITO -WD- 3(2), Kalyan

In the result, both appeals stand partly allowed

ITA 4987/MUM/2018[2009-10]Status: DisposedITAT Mumbai09 Sept 2019AY 2009-10

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.4987/Mum/2018 (िनधा"रण वष" / Assessment Year:2009-10) & आयकरअपील सं./ I.T.A. No.4988/Mum/2018 (िनधा"रण वष" / Assessment Year:2010-11) Dinesh P. Parekh Income Tax Officer-Ward 3(2) 2Nd Floor, Rani Mansion 8, Balaram Bhavan बनाम/ Corporation, Sagaon Murbad Road, Kalyan (West). Vs. Manpada Road Dombivli East-421 201. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Ahepp-0886-E (अपीलाथ"/Appellant) (""थ" / Respondent) : Revenue By : Shri Ashutosh Rajhans-Ld.Dr Assessee By : Shri Bhadresh K. Doshi-Ld. Ar सुनवाई की तारीख/ : 11/09/2019 Date Of Hearing घोषणा की तारीख / : 11/09/2019 Date Of Pronouncement

For Appellant: Shri Bhadresh K. Doshi-Ld. ARFor Respondent: Shri Ashutosh Rajhans-Ld.DR
Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

disposed-off by way of this common order for the sake of convenience & brevity. The assessee is aggrieved by estimation on account of alleged bogus purchases. 2.1 Facts of AY 2009-10 are that the assessee being resident individual stated to be engaged in trading of hardware / engineering items ... assessed u/s. 143(3) r.w.s. 147 on 18/02/2015 wherein the income of the assessee was determined at Rs.13.15 Lacs after sole addition of alleged bogus purchases for Rs.10.97 Lacs as against returned income of Rs.1.91 Lacs filed by the assessee on 29/09/2009 which was processed u/s.143(1). 2.2 Pursuant

ACIT - 27(1), Navi Mumbai vs. Bhagwati Interiors, Mumbai

The appeal stands dismissed

ITA 4979/MUM/2018[2012-13]Status: DisposedITAT Mumbai09 Sept 2019AY 2012-13

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri Prateek Jain-Ld.ARFor Respondent: Shri Ashutosh Rajhans-Ld.DR
Section 143(3)

Appeal No. CIT(A)-24/IT- 150/256/AC-27(1)/2017-18 dated 24/05/2018 qua deletion of certain additions on account of alleged bogus purchases. The grounds raised by revenue read as under: - 1. On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in deleting ... addition of Rs.4,48,016/- 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 in the case

ITO - 27(1)(4), Mumbai vs. Dushyant U. Bhatia, Mumbai

The appeal stands dismissed

ITA 4977/MUM/2018[2009-10]Status: DisposedITAT Mumbai09 Sept 2019AY 2009-10

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Ms. Mallika Devendra-Ld. ARFor Respondent: Shri Ashutosh Rajhans-Ld.DR
Section 133(6)Section 142(1)Section 143(1)Section 143(3)Section 147Section 148

Appeal No. CIT(A)-24/IT- 20/526/ITO-27(1)(4)/2018-19 dated 24/05/2018 qua deletion of certain additions on account of alleged bogus purchases. The grounds raised by revenue read as under: - 1. On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in deleting ... addition of Rs.8,41,303/- 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 in the case

ITO 27(1)(4), Navi Mumbai vs. Dattakumar Pandharinath Jambavalikar, Mumbai

The appeals stand dismissed

ITA 4976/MUM/2018[2009-10]Status: DisposedITAT Mumbai09 Sept 2019AY 2009-10

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: NoneFor Respondent: Shri Ashutosh Rajhans-Ld.DR
Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

Appeal No. CIT(A)-24/IT-550/16/ITO-27(1)(4)/2017-18 dated 09/05/2018 qua deletion of certain additions on account of alleged bogus purchases. The grounds raised by revenue read as under: - 1. On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in deleting ... addition of Rs.1,43,138/- 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 in the case

ITO - 27(1)(4), Mumbai vs. Darshak Bharat Shah, Mumbai

The appeal stands dismissed

ITA 4975/MUM/2018[2009-10]Status: DisposedITAT Mumbai09 Sept 2019AY 2009-10

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.4975/Mum/2018 (िनधा"रण वष" / Assessment Year:2009-10) Income Tax Officer-27(1)(4) Darshak Bharat Shah Tower 6, 4Th Floor बनाम/ A-6, 2Nd Floor, Mahavir Apartment Room No.409, Vashi Railway Station Complex, Pant Nagar, Ghatkopar (W) Vs. Vashi, Navi Mumbai. Mumbai-400 075. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aafps-7481-J (अपीलाथ"/Appellant) (""थ" / Respondent) : Revenue By : Shri Ashutosh Rajhans-Ld.Dr Assessee By : Letter Dated 27/08/2019 सुनवाई की तारीख/ : 09/09/2019 Date Of Hearing घोषणा की तारीख / : 09/09/2019 Date Of Pronouncement

For Appellant: Letter dated 27/08/2019For Respondent: Shri Ashutosh Rajhans-Ld.DR
Section 133(6)Section 142(1)Section 143(1)Section 143(3)Section 147Section 148

/IT- A.Y.2009-10 Darshak Bharat Shah 535/520/ITO-27(1)(4)/2017-18 dated 09/05/2018 qua deletion of certain additions on account of alleged bogus purchases. The grounds raised by revenue read as under: - 1. On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in deleting ... addition of Rs.4,43,671/- 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 in the case

ITO 27 (1)(4), Mumbai vs. Darshak Designer & Consultant, Mumbai

The appeal stands dismissed

ITA 4974/MUM/2018[2009-10]Status: DisposedITAT Mumbai09 Sept 2019AY 2009-10

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: NoneFor Respondent: Shri Ashutosh Rajhans-Ld.DR
Section 133(6)Section 142(1)Section 143(1)Section 143(3)Section 147Section 148

Appeal No. CIT(A)-24/IT- 520/139/ITO-27(1)(4)/2017-18 dated 03/05/2018 qua deletion of certain additions on account of alleged bogus purchases. The grounds raised by revenue read as under: - 1. On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in deleting ... addition of Rs.8,79,890/- 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 in the case

ITO - 27 (1)(4), Mumbai vs. Darshan Arvind Sanghvi, Mumbai

The appeal stands dismissed

ITA 4973/MUM/2018[2009-10]Status: DisposedITAT Mumbai09 Sept 2019AY 2009-10

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.4973/Mum/2018 (िनधा"रण वष" / Assessment Year:2009-10) Income Tax Officer-27(1)(4) Darshan Arvind Sanghvi बनाम/ Tower 6, 4Th Floor 2/21, Kanji Mistry Building, Room No.409, Vashi Railway Station Complex, 2, Sanghani Estate Vs. Vashi, Navi Mumbai. Ghatkopar (W), Mumbai-400 077. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Ancps-1673-A (अपीलाथ"/Appellant) (""थ" / Respondent) : Revenue By : Shri Ashutosh Rajhans-Ld.Dr Assessee By : Ms. Radha Halbe-Ld. Ar सुनवाई की तारीख/ : 09/09/2019 Date Of Hearing घोषणा की तारीख / : 09/09/2019 Date Of Pronouncement

For Appellant: Ms. Radha Halbe-Ld. ARFor Respondent: Shri Ashutosh Rajhans-Ld.DR
Section 143(1)Section 144Section 147Section 148

/IT- 2 A.Y. 2009-10 Darshan Arvind Sanghvi 523/303/ITO-27(1)(4)/2017-18 dated 07/05/2018 qua deletion of certain additions on account of alleged bogus purchases. The grounds raised by revenue read as under: - 1. On the facts and circumstances of the case and in law, the Ld. CIT(A) erred ... deleting the addition of Rs.7,10,924/- 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 in the case

ITO 27 (1)(4), Mumbai vs. Dinesh Ramji Bhanushali, Navi Mumbai

The appeal stands dismissed

ITA 4972/MUM/2018[2009-10]Status: DisposedITAT Mumbai09 Sept 2019AY 2009-10

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: NoneFor Respondent: Shri Ashutosh Rajhans-Ld.DR
Section 133(6)Section 142(1)Section 143(1)Section 143(3)Section 147Section 148

Appeal No. CIT(A)-24/IT- 521/144/ITO-27(1)(4)/2017-18 dated 10/05/2018 qua deletion of certain additions on account of alleged bogus purchases. The grounds raised by revenue read as under: - 1. On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in deleting ... addition of Rs.12,75,054/- 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 in the case

ITO- 27 (1)(4), Mumbai vs. Dairy Udyog, Mumbai

The appeal stands dismissed

ITA 4969/MUM/2018[2009-10]Status: DisposedITAT Mumbai09 Sept 2019AY 2009-10

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: NoneFor Respondent: Shri Ashutosh Rajhans-Ld.DR
Section 143(1)Section 144Section 147Section 148

Appeal No. CIT(A)-24/IT- 530/463/ITO-27(1)(4)/2017-18 dated 24/05/2018 qua deletion of certain additions on account of alleged bogus purchases. The grounds raised by revenue read as under: - 1. On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in deleting ... addition of Rs.61,239/- 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 in the case

ITO - 27(1)(4), Mumbai vs. Deepak Nalin Ashar, Mumbai

The appeal stands dismissed

ITA 4968/MUM/2018[2010-11]Status: DisposedITAT Mumbai09 Sept 2019AY 2010-11

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.4968/Mum/2018 (िनधा"रण वष" / Assessment Year:2010-11) Income Tax Officer-27(1)(4) Deepak Nalin Ashar Tower 6, 4Th Floor 144-2923/202, C-Wing, Prem Smruti बनाम/ 6Th Road, Behind Rajawadi Hospital Room No.409 Vs. Vashi Railway Station Complex, Vashi, Ghatkopar (E) Navi Mumbai. Mumbai-400 077. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acrpa-5751-H (अपीलाथ"/Appellant) (""थ" / Respondent) : Revenue By : Shri Ashutosh Rajhans-Ld.Dr Assessee By : Shri Jayant R. Bhatt-Ld.Ar सुनवाई की तारीख/ : 09/09/2019 Date Of Hearing घोषणा की तारीख / : 09/09/2019 Date Of Pronouncement

For Appellant: Shri Jayant R. Bhatt-Ld.ARFor Respondent: Shri Ashutosh Rajhans-Ld.DR
Section 133(6)Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

/IT- 570/793/ITO-27(1)(4)/2017-18 dated 09/05/2018 qua deletion of certain ITA 4968/Mum/2018 A.Y.2010-11 Deepak Nalin Ashar additions on account of alleged bogus purchases. The grounds raised by revenue read as under: - 1. On the facts and circumstances of the case and in law, the Ld. CIT(A) erred ... deleting the addition of Rs.2,87,278/- 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 in the case

Shri Dineshkumar C. Doshi, Mumbai vs. Income Tax Officer 19(1)(4), Mumbai

The appeal stands partly allowed

ITA 1729/MUM/2018[2010-11]Status: DisposedITAT Mumbai09 Sept 2019AY 2010-11

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.1729/Mum/2018 (िनधा"रण वष" / Assessment Year:2010-11) & आयकरअपील सं./ I.T.A. No.1730/Mum/2018 (िनधा"रण वष" / Assessment Year:2011-12) Shri Dineshkumar C. Doshi Income Tax Officer-19(1)(4) Room No.222, 2Nd Floor, Prop. Jagruti Metal Industries बनाम/ Office No.305, 3Rd Floor Matru Mandir Vs. 13/12, Virchand Umershway B-3Rd Tardeo Road Panjrapole Lane, C.P. Tank, Mumbai 400 004. Mumbai-400 007. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Ahmpd-4114-D (अपीलाथ"/Appellant) (""थ" / Respondent) : Revenue By : Shri Ashutosh Rajhans-Ld.Dr Assessee By : Shri Neelkanth Khandelwal-Ld. Ar सुनवाई की तारीख/ : 09/09/2019 Date Of Hearing घोषणा की तारीख / : 09/09/2019 Date Of Pronouncement

For Appellant: Shri Neelkanth Khandelwal-Ld. ARFor Respondent: Shri Ashutosh Rajhans-Ld.DR
Section 143(1)Section 143(3)Section 145(3)Section 147Section 234BSection 27l

circumstances of the case and in law, the ld. CIT(A) erred in confirming the addition to the extent of 6.5% of alleged bogus purchases as against such addition @ 12.5% made by the AO to the income of the Appellant on account of possible profit element embedded in purchases made ... r.w.s. 147 on 30/12/2015 wherein the income of the assessee was determined at Rs.11.89 Lacs after sole addition of alleged bogus purchases for Rs.8.25 Lacs as against returned income of Rs.3.64 Lacs filed by the assessee on 21/09/2010 which was processed u/s.143(1). 2.2 Pursuant to receipt of certain information

Shri Lalit N. Shah, Mumbai vs. Income Tax Officer 19(2)(1), Mumbai

The appeal stands partly allowed

ITA 1397/MUM/2018[2011-12]Status: DisposedITAT Mumbai09 Sept 2019AY 2011-12

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.1397/Mum/2018 (िनधा"रण वष" / Assessment Year:2011-12) Shri Lalit N. Shah Income Tax Officer-19(2)(1) बनाम/ Prop. Of M/S. Shah Impex Room No.218, Matru Mandir 82/84, Kika Street, 2Nd Floor Tardeo Road Vs. Gulalwadi, Mumbai-400 004. Mumbai-400 077. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acdps-9498-P (अपीलाथ"/Appellant) (""थ" / Respondent) : Revenue By : Shri Ashutosh Rajhans-Ld.Dr Assessee By : Shri Neelkanth Khandelal-Ld.Ar सुनवाई की तारीख/ : 09/09/2019 Date Of Hearing घोषणा की तारीख / : 09/09/2019 Date Of Pronouncement

For Appellant: Shri Neelkanth Khandelal-Ld.ARFor Respondent: Shri Ashutosh Rajhans-Ld.DR
Section 133(6)Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 27l

Shri Lalit N. Shah r.w.s. 147 on 29/02/2016 wherein the income of the assessee was determined at Rs.17.31 Lacs after sole addition of alleged bogus purchases for Rs.11.62 Lacs as against returned income of Rs.5.68 Lacs filed by the assessee on 27/09/2011 which was processed u/s.143(1). 2.2 Pursuant ... 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.92.99 Lacs from 4 entities, the details of which have already been tabulated at para-5.1 of the quantum assessment order. Accordingly

M.P.Jain & Co., Mumbai vs. ITO Ward 19(2)(3), Mumbai

In the result these appeals filed by the assessee stand partly allowed

ITA 4663/MUM/2018[2010-11]Status: DisposedITAT Mumbai06 Sept 2019AY 2010-11

Bench: Shri Shamim Yahya (Am)

These are appeals by the assessee wherein the assessee is aggrieved that the learned CITA has erred in sustaining 12.5% disallowance on account of bogus purchases for A.Y. 2010-11 & 2011-12. 2. Brief facts of the case are that assessee is engaged in the business of dealer in ferrous ... ferrous metal. Information was received from the sale s tax Department that assessee has that in bogus purchases. The assessment was accordingly reopened. 3. The assessing officer in this case has made 12.5% addition on account of bogus purchase as under

Mr.Aslam Usman Khan, Mumbai vs. ITO Ward 17(1)(2), Mumbai

In the result, appeal filed by the assessee stands partly allowed

ITA 4662/MUM/2018[2009-10]Status: DisposedITAT Mumbai06 Sept 2019AY 2009-10

Bench: Shri Shamim Yahya (Am)

assessee wherein the assesses is aggrieved that the learned CIT-A has erred in sustaining disallowance of Rs. 6,99,563/- on account of bogus purchases of Rs. 12,70,131/-. 2. Brief facts of the case are that assessee is engaged in the business of manufacturer of piped ... equipments. Information was received from the sales tax Department that assessee has that in bogus purchases. The assessment was accordingly reopened. The assessing officer in this case has made disallowance of Rs. 26,99,563/- on account of bogus purchase amounting to Rs. 12,70,131/- being peak investment