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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

Sureshkumar N. Kadri, Mumbai vs. Income Tax Officer Ward 28(3)(3), Mumbai

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

ITA 4804/MUM/2018[2009-10]Status: DisposedITAT Mumbai30 Aug 2019AY 2009-10

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.4804/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2009-10) Sureshkumar N. Kadri बिधम/ Ito Ward-28(3)(3) Room No.319, 3Rd Floor, W-96C, Midc Industrial Vs. Area, Rabale Navi Mumbai- Tower No.6, Vashi Rly. 400701. Station Complex, Vashi, New Mumbai. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. :Anbpk8662J (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Bhadresh K. Doshi Revenue By: Shri Chaitanya Anjaria (Dr) सुनवाई की तारीख / Date Of Hearing: 28/08/2019 घोषणा की तारीख /Date Of Pronouncement: 30/08/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 04.05.2018 Passed By The Commissioner Of Income Tax (Appeals) -26, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2009- 10. 2. The Assessee Has Raised The Following Grounds: - “1. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Upholding The Addition Of Rs.10,43,451/- Made By The Ao U/S 69C Of The Act By Treating The Purchase As Not Genuine. A.Y.2009-10 2. The Appellant Craves Leave To Add, Amend, Vary & / Or Withdraw Any Or All The Above Grounds Of Appeal.” 3. The Brief Facts Of The Case Are That The Assessee Filed His Return Of Income On 29.09.2009 Declaring Total Income To The Tune Of Rs.7,78,736/- For The A.Y. 2009-10. The Return Was Processed U/S 143(1) Of The I.T. Act, 1961.The Case Of The Assessee Was Reopened On The 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.10,43,561/- From The Following Four Parties.

For Appellant: Shri Bhadresh K. DoshiFor Respondent: Shri Chaitanya Anjaria (DR)
Section 143(1)Section 69C

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.10,43,561/- from the following four parties. Name of the Party Amount M/s. Romex Metal Tubes ... support of alleged purchases and also failed to produce the parties. In the present case, the AO raised the 100% addition of the bogus purchases which was confirmed by CIT(A). In the instant case, the sale is not 2 A.Y.2009-10 doubted. No sale could be done without actual purchases

Naginbhai Khimji Choudhary HUF, Mumbai vs. Income Tax Officer 19(2)(4), Mumbai

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

ITA 4790/MUM/2018[2011-12]Status: DisposedITAT Mumbai30 Aug 2019AY 2011-12

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 4790/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2011-12) Naginbhai Khimji बिधम/ Ito 19(2)(4) Room No.602, 6Th Floor, C- Choudhary Huf Vs. 111, Durgadevi Street, 11, Bkc, Bandra (E), Kumbharwada, Mumbai-04. Mumbai-400051. आयकर अपील सं/ I.T.A. No. 4791/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2010-11) Naginbhai Khimji बिधम/ Ito 19(2)(4) Room No.602, 6Th Floor, C- Choudhary Huf Vs. 111, Durgadevi Street, 11, Bkc, Bandra (E), Kumbharwada, Mumbai-04. Mumbai-400051. आयकर अपील सं/ I.T.A. No. 4792/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2009-10) Naginbhai Khimji बिधम/ Ito 19(2)(4) Room No.602, 6Th Floor, C- Choudhary Huf Vs. 111, Durgadevi Street, 11, Bkc, Bandra (E), Kumbharwada, Mumbai-04. Mumbai-400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaahn8300G (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Manoj Pandit Revenue By: Shri Chaitanya Anjaria (Dr) सुनवाई की तारीख / Date Of Hearing: 28/08/2019 घोषणा की तारीख /Date Of Pronouncement: 30/08/2019

For Appellant: Shri Manoj PanditFor Respondent: Shri Chaitanya Anjaria (DR)
Section 143(1)Section 143(2)Section 147

Udyog. An 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.48,06,956/- from the following four parties. Name of the Party F.Y. Amount Shriji Trading ... Total 48,06,956 4. After the reply of the assessee, the AO raised 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.7,89,690/- /-. Feeling aggrieved, the assessee filed an appeal before

Shri Hiralal Dalichand Gandhi, Mumbai vs. ITO-19(1)(5), Mumbai

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

ITA 4779/MUM/2018[2011-12]Status: DisposedITAT Mumbai30 Aug 2019AY 2011-12

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.4779/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2011-12) Shri Hiralal Dalichand बिधम/ Ito 19(1)(5) Gandhi Mumbai. Vs. 32/34, Keshav Bhavan, 1St Carpenter St. Mum-04. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aekpg6495H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Sashank Dundu Revenue By: Shri Chaitanya Anjaria (Dr) सुनवाई की तारीख / Date Of Hearing: 28/08/2019 घोषणा की तारीख /Date Of Pronouncement: 30/08/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 29.05.2018 Passed By The Commissioner Of Income Tax (Appeals) -30, 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: Shri Sashank DunduFor Respondent: Shri Chaitanya Anjaria (DR)
Section 143(1)

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.93,30,700/- from the following five parties. Name of the Party Amount Nisha Enterprise 2620737 Mahavir Corporation 3366636 P.M. Steel Alloys ... Total 9330700 2 A.Y.2014-15 4. After the reply of the assessee, the AO raised the addition to the extent of 12.5% of the bogus purchase of Rs.93,30,700/- i.e 11,66,339/- The total income of the assessee was assessed to the tune of Rs.14,65,120/-. Feeling aggrieved

Manju Sawalchand Jain, Mumbai vs. ITO 19(2)(3), Mumbai

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

ITA 4727/MUM/2018[2010-11]Status: DisposedITAT Mumbai30 Aug 2019AY 2010-11

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. Nos. 4727 & 4728/Mum/2018 (निर्धारण वर्ा / Assessment Years: 2010-11 & 2011-12) Manju Sawalchand Jain बिधम/ Ito 19(2)(3) Matru Mandir, 2Nd Floor, C/O. Dc Bothra & Co. Llp Vs. (Ca) (Formerly Known As Tardeo Road, Mumbai- D.C. 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. : Aespj3375D (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Rajkumar Singh Revenue By: Shri Chaitanya Anjaria (Dr) सुनवाई की तारीख / Date Of Hearing: 29/08/2019 घोषणा की तारीख /Date Of Pronouncement: 30/08/2019 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) -54, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys. 2010-11 & 2011-12. Ita. No. 4727/M/2018 2. The Assessee Has Filed The Present Appeal Against The Order Dated 05.04.2018 Passed By The Commissioner Of Income Tax (Appeals) -54

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

were issued and served upon the assessee. The reasons for reopening are that the assessee has taken the accommodation entries of bogus purchase in sum of Rs.1,30,48,733/- from the following parties. Name of the Party Amount Anand Deep Metal 1,30,48,733 Total ... After the reply of the notice, the AO restricted the addition to the extent of 12.5% of the bogus purchase in sum of Rs.1,30,48,733/- which comes to the tune of Rs.16,31,091/- The total income of the assessee was A.Y. 2009-10 & 2010-11 assessed

Shri Hardik D. Doshi, Mumbai vs. Income Tax Officer Ward No.25(2)(4), Mumbai

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

ITA 4717/MUM/2018[2009-10]Status: DisposedITAT Mumbai30 Aug 2019AY 2009-10

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. Nos. 4717 & 4718/Mum/2018 (निर्धारण वर्ा / Assessment Years: 2009-10 & 2010-11) Shri Hardik D. Doshi बिधम/ Ito Ward No. 25(2)(4) 203 Gokul Ashirwad, 14 Mumbai. Vs. Suvarna Nagar Society, Juhuscheme Ns Road No.4, Vile Parle (W), Mumbai- 400056. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Afopd2554D (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Sambhav P. Shah Revenue By: Shri Chaitanya Anjaria (Dr) सुनवाई की तारीख / Date Of Hearing: 29/08/2019 घोषणा की तारीख /Date Of Pronouncement: 30/08/2019 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.2009-10 & 2010-11. Ita. No. 4717/M/2018 2. The Assessee Has Filed The Present Appeal Against The Order Dated 18.05.2018 Passed By The Commissioner Of Income Tax (Appeals) -37

For Appellant: Shri Sambhav P. ShahFor Respondent: Shri Chaitanya Anjaria (DR)
Section 143(1)Section 143(2)Section 147

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.83,80,786/- from the following thirteen parties. Name of the Party Amount Vitarag Trading Co. 2,46,565 Bhagwati Trading ... issued and served upon the assessee. 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.83,80,786/- i.e. in sum of Rs.10,47,598/-. Feeling aggrieved, the assessee filed an appeal before

The ITO, Ward-1(1)(1), Surat vs. M/S. Albers Diamonds Pvt. Ltd., Surat

In the result, the appeal of the assessee stands allowed

ITA 1180/AHD/2017[2011-12]Status: DisposedITAT Surat28 Aug 2019AY 2011-12

Bench: Shri Bhavnesh Saini & Shri O.P.Meenaआ.अ.सं./I.T.A. No.776 &1180/Ahd/2017 िनधा"रण वष"/Assessment Year : 2011-12 Vs. 1.Income Tax Officer, 1.Albers Diamonds Pvt. Ltd., 5/A, 932, 402, Gopinath Ward 1(1) (1), Surat. Apartment, Jadakhadi, Mahidharpura, Surat.395 003. [Pan: Aaica 4525 F] 2.Income Tax Officer, 2. Albers Diamonds Pvt. Ltd., Ward 1(1) (1), Surat. 5/A, 932, 402, Gopinath Apartment, Jadakhadi, Mahidharpura, Surat 395 003. [Pan: Aaica 4525 F] अपीलाथ" Appellant ""यथ"/Respondent िनधा"रती क" ओर से /Assessee By Shri Suchek Anchaliya – Ca राज"व क" ओर से /Revenue By Shri J. K. Chandnani – Sr. Dr सुनवाई की तारीख/ Date Of Hearing: 22.07.2019 उ"ोषणा क" तारीख/Pronouncement On: 27.08.2019

Section 143(1)Section 147Section 148

case and in law, the Ld.CIT (A) erred in estimating the profit @ 5% of the Purchases of Rs.11,07,73,186/- as alleged bogus purchase, without appreciating the fact that the payment was made through cross account payee cheque and the same goods were subsequently sold and quantity is tallied ... Surat & vis-à-vis /ITA No.776 & 1180/AHD/2017: A.Y.2011-12 purpose of facilitation of fraudulent transactions, which includes providing accommodation entries of bogus purchase /sales. After forming belief that the purchases bills of diamonds are bogus, hence, the income of the assessee has escaped assessment, the case were reopened u/s.147

Mital Vardhibhai Doshi, Mumbai vs. ACIT-19(2), Mumbai

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

ITA 4798/MUM/2018[2014-15]Status: DisposedITAT Mumbai28 Aug 2019AY 2014-15

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.4798/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2014-15) Mital V. Doshi बिधम/ Acit-19(2) C/O Mital Brass, 216, Shriji Income Tax Office, Matru Vs. Chambers, Opera House, Mandir Nana Chowk, Grant Charni Road, Mumbai- Road (W), Mumbai. 400004. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Adupd8176D (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Himanshu Gandhi Revenue By: Shri Chaitanya Anjaria (Dr) सुनवाई की तारीख / Date Of Hearing: 28/08/2019 घोषणा की तारीख /Date Of Pronouncement: 28/08/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 04.06.2018 Passed By The Commissioner Of Income Tax (Appeals) -53, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2014- 15. 2. The Assessee Has Raised The Following Grounds: -

For Appellant: Shri Himanshu GandhiFor Respondent: Shri Chaitanya Anjaria (DR)
Section 143(1)Section 143(2)

Total 2,60,80,192 4. After the reply of the assessee, the AO raised the addition to the extent of 12.5% of the bogus purchase. The total income to the tune of Rs.36,08,020/-. Feeling aggrieved, the assessee filed an appeal before the CIT(A) who confirmed ... noticed that the assessee failed to substantiate his claim, therefore, the AO raised the addition to the extent of 2 A.Y.2014-15 12.5% of the bogus purchase. In the instant case, sale is not doubted. It is settled law that when the sales are not doubted then the 100% disallowance