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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

ITO 25(2)(1), Mumbai vs. Actube Enterprises, Mumbai

ITA 3941/MUM/2017[2010-11]Status: DisposedITAT Mumbai05 Aug 2019AY 2010-11

Bench: Shri C.N. Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.3941/Mum/2017 (नििाारण वर्ा / Assessment Year : 2010-11) बिाम/ Income Tax Officer-25(2)(1) Actube Enterprises Room No. 505, C-10, 5Th 27, Laxmi Flat Owner Floor, Pratyakshkar Chs Limited , V. Bhavan, Bkc, M.G. Road Extension, Bandra(East), Vile Parle(East), Mumbai-400051 Mumbai-400057 स्थायी ऱेखा सं./ Pan: Aabfa2570J (अपीऱाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri. Vivek Anand Ojha (Dr) Assessee By: Apurva R. Shah (Ar) सुनवाई की तारीख /Date Of Hearing : 01.07.2019 घोषणा की तारीख /Date Of Pronouncement : 05.08.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Revenue, Being Ita No. 3941/Mum/2017, Is Directed Against Appellate Order Dated 15.03.2017 In Appeal No. Cit(A)-37/It-722/Ito-25(2)(1)/15-16, Passed By Learned Commissioner Of Income Tax (Appeals)-37, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year(Ay) 2010-11, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Assessment Order Dated 31.12.2015 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) R.W.S. 147 Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay:2010-11. I.T.A. No.3941/Mum/2017

For Appellant: Apurva R. Shah (AR)For Respondent: Shri. Vivek Anand Ojha (DR)
Section 143(3)Section 40A(3)

case and in law, the learned Commissioner of Income-tax(Appeals) has erred in deleting the addition of Rs.45,12,259/- on account of bogus purchases. 2. On the facts and in the circumstances of the case and in law, the learned Commissioner of Income-tax(Appeals) has erred ... considering that the addition was made on the basis of information received from the DIT(lnv.) and Sales Tax Department, Maharashtra with regard to bogus purchases made by the assessee from dealers without supply of actual goods. 3. On the facts and in the circumstances of the case

Virendra Kumar Gupta, Delhi vs. ACIT, Circle-63(1), New Delhi

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 2874/DEL/2018[2008-09]Status: DisposedITAT Delhi01 Aug 2019AY 2008-09

Bench: Sh. Bhavnesh Sainiita No. 2874/Del/2018 : Asstt. Year : 2008-09 Virendra Kumar Gupta, Vs Acit, Prop. Sanjay Metal Udyog, 3858, Circle-63(1), Gali Barna, Sadar Bazar, New Delhi Delhi-110006 (Appellant) (Respondent) Pan No. Aaapg4216E Assessee By : Sh. Ved Jain, Adv. Revenue By : Sh. S. L. Anuragi, Sr. Dr Date Of Hearing : 16.07.2019 Date Of Pronouncement : 01.08.2019 Order This Appeal By The Assessee Has Been Directed Against The Order Of Ld. Cit(A)-27, New Delhi Dated 15.02.2018 For Assessment Year 2008-09, Challenging The Reopening Of The Assessment U/S 148 Of The Income Tax Act, 1961 & Addition Of Rs.5,62,363/- On Account Of Bogus Purchases.

For Appellant: Sh. Ved Jain, AdvFor Respondent: Sh. S. L. Anuragi, Sr. DR
Section 148

challenging the reopening of the assessment u/s 148 of the Income Tax Act, 1961 and addition of Rs.5,62,363/- on account of bogus purchases. 2. Briefly the facts of the case are that in this case original return of income was filed on 29.09.2008, declaring an income of Rs.1 ... accept contention of the assessee and disbelieve the evidences placed on record. The AO made addition of Rs.22,49,454/- on account of bogus purchases from the aforesaid three parties. 3 Virendra Kumar Gupta 4. The assessee challenged the addition before ld. CIT(A), the written submission of the assessee

ITO 25(3)(4), Mumbai vs. Svphn Steel Service, Mumbai

In the result, the appeal filed by the revenue is hereby ordered to be dismissed

ITA 515/MUM/2018[2010-11]Status: DisposedITAT Mumbai31 Jul 2019AY 2010-11

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.515/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2010-11) Ito-25(3)(4) बिधम/ M/S. Svpnh Steel Services Room No.605, C-10, 6Th C-201,Matoshree, Vs. Floor, Pratyakshakar Residency, Prarthana Samaj Bhavan, Bandra Kurla Road, Vile Parle (E), Complex, Bandra (E), Mumbai-400056. Mumbai-400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabfs2247J (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri Chaudhary Arun Kumar Singh (Sr. Ar) Assessee By: Shri Rajiv Khandelwal सुनवाई की तारीख / Date Of Hearing: 22/07/2019 घोषणा की तारीख /Date Of Pronouncement: 31/07/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 24.11.2017 Passed By The Commissioner Of Income Tax (Appeals) -37, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2010- 11. 2. The Revenue Has Raised The Following Grounds: -

For Appellant: Shri Rajiv KhandelwalFor Respondent: Shri Chaudhary Arun Kumar
Section 133(6)Section 143(1)Section 143(2)Section 147Section 148

erred not considering the facts that in this case, O/o DGIT(Inv.) have also made efforts to identify the bogus purchases and the parties who are issuing bogus bills. The names of all the above purchases in whose case notices u/s 133(6) have been returned back and have been ... have been recorded for reopening the assessment u/s 148 of the Act.:- “ Information has been received from the DGIT(Inv.), Mumbai relating to providing bogus purchase entries received from the Sales Tax Department, Government of Maharashtra. The name of the assessee is appearing in the said list and has taken

Advance Compseals Private Limited, Mumbai vs. Income Tax Officer 9(1)(1), Mumbai

In the result, all the three appeals in ITA no

ITA 481/MUM/2018[2011-12]Status: DisposedITAT Mumbai31 Jul 2019AY 2011-12

Bench: Shri C.N Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.478,480 & 481/Mum/2018 (नििाारण वर्ा / Assessment Year : 2008-09, 2010-11 & 2011-12) बिाम/ Advance Compseals Private Ito 9(1)(1) Ltd., Churchgate , 406, Golden Chambers, Mumbai V. New Link Road, Andheri(E), Mumbai- 400053 स्थायी ऱेखा सं./ Pan: Aaeca7292F (अपीऱाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri. Roshan Ochani (Ar) Revenue By: Shri. Ajay Ojha (Dr) सुनवाई की तारीख /Date Of Hearing : 10.07.2019 घोषणा की तारीख /Date Of Pronouncement : 31.07.2019 आदेश / O R D E R Per Bench: These Three Appeals, Filed By Assessee, Being Ita No. 478,480 To 481/Mum/2018, Are Directed Against Three Separate Appellate Orders All Dated 15.09.2017 Passed In Appeal No. Cit(A)-16/It-08/Ito- 9(1)(1)/2016-17, Passed By Learned Commissioner Of Income Tax (Appeals)-16, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Years(Ay) 2008-09 & Appellate Order In Appeal No. Cit(A)- 16/It-09/Ito-9(1)(1)/2016-17 For Ay: 2010-11 & Appellate Order In Appeal No. Cit(A)-16/It-10/Ito-9(1)(1)/2016-17 For Ay: 2011-12, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Three Separate Assessment Order(S) All Dated 29.02.2016 Passed By Learned

For Appellant: Shri. Roshan Ochani (AR)For Respondent: Shri. Ajay Ojha (DR)
Section 143(3)Section 147

evidences. The said material was subsequently sold by the Appellant and the profit earned thereon is offered for tax. Hence, addition of entire alleged bogus purchases is unjustified and the same may be deleted. 4. The Ld. CIT(A), further, failed to the appreciate that the Ld. A.O. has neither ... based on the information received from Maharashtra VAT Department through DGIT(Inv.) , Mumbai that the assessee is engaged in making bogus purchases wherein bills were obtained from accommodation entry providers without obtaining any material physically. The factum of assessee being involved in bogus purchases/hawala transactions had also came to light

Advance Compseals Private Limited, Mumbai vs. Income Tax Officer 9(1)(1), Mumbai

In the result, all the three appeals in ITA no

ITA 480/MUM/2018[2010-11]Status: DisposedITAT Mumbai31 Jul 2019AY 2010-11

Bench: Shri C.N Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.478,480 & 481/Mum/2018 (नििाारण वर्ा / Assessment Year : 2008-09, 2010-11 & 2011-12) बिाम/ Advance Compseals Private Ito 9(1)(1) Ltd., Churchgate , 406, Golden Chambers, Mumbai V. New Link Road, Andheri(E), Mumbai- 400053 स्थायी ऱेखा सं./ Pan: Aaeca7292F (अपीऱाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri. Roshan Ochani (Ar) Revenue By: Shri. Ajay Ojha (Dr) सुनवाई की तारीख /Date Of Hearing : 10.07.2019 घोषणा की तारीख /Date Of Pronouncement : 31.07.2019 आदेश / O R D E R Per Bench: These Three Appeals, Filed By Assessee, Being Ita No. 478,480 To 481/Mum/2018, Are Directed Against Three Separate Appellate Orders All Dated 15.09.2017 Passed In Appeal No. Cit(A)-16/It-08/Ito- 9(1)(1)/2016-17, Passed By Learned Commissioner Of Income Tax (Appeals)-16, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Years(Ay) 2008-09 & Appellate Order In Appeal No. Cit(A)- 16/It-09/Ito-9(1)(1)/2016-17 For Ay: 2010-11 & Appellate Order In Appeal No. Cit(A)-16/It-10/Ito-9(1)(1)/2016-17 For Ay: 2011-12, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Three Separate Assessment Order(S) All Dated 29.02.2016 Passed By Learned

For Appellant: Shri. Roshan Ochani (AR)For Respondent: Shri. Ajay Ojha (DR)
Section 143(3)Section 147

evidences. The said material was subsequently sold by the Appellant and the profit earned thereon is offered for tax. Hence, addition of entire alleged bogus purchases is unjustified and the same may be deleted. 4. The Ld. CIT(A), further, failed to the appreciate that the Ld. A.O. has neither ... based on the information received from Maharashtra VAT Department through DGIT(Inv.) , Mumbai that the assessee is engaged in making bogus purchases wherein bills were obtained from accommodation entry providers without obtaining any material physically. The factum of assessee being involved in bogus purchases/hawala transactions had also came to light

Advance Compseals Private Limited, Mumbai vs. Income Tax Officer 9(1)(1), Mumbai

In the result, all the three appeals in ITA no

ITA 478/MUM/2018[2008-09]Status: DisposedITAT Mumbai31 Jul 2019AY 2008-09

Bench: Shri C.N Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.478,480 & 481/Mum/2018 (नििाारण वर्ा / Assessment Year : 2008-09, 2010-11 & 2011-12) बिाम/ Advance Compseals Private Ito 9(1)(1) Ltd., Churchgate , 406, Golden Chambers, Mumbai V. New Link Road, Andheri(E), Mumbai- 400053 स्थायी ऱेखा सं./ Pan: Aaeca7292F (अपीऱाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri. Roshan Ochani (Ar) Revenue By: Shri. Ajay Ojha (Dr) सुनवाई की तारीख /Date Of Hearing : 10.07.2019 घोषणा की तारीख /Date Of Pronouncement : 31.07.2019 आदेश / O R D E R Per Bench: These Three Appeals, Filed By Assessee, Being Ita No. 478,480 To 481/Mum/2018, Are Directed Against Three Separate Appellate Orders All Dated 15.09.2017 Passed In Appeal No. Cit(A)-16/It-08/Ito- 9(1)(1)/2016-17, Passed By Learned Commissioner Of Income Tax (Appeals)-16, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Years(Ay) 2008-09 & Appellate Order In Appeal No. Cit(A)- 16/It-09/Ito-9(1)(1)/2016-17 For Ay: 2010-11 & Appellate Order In Appeal No. Cit(A)-16/It-10/Ito-9(1)(1)/2016-17 For Ay: 2011-12, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Three Separate Assessment Order(S) All Dated 29.02.2016 Passed By Learned

For Appellant: Shri. Roshan Ochani (AR)For Respondent: Shri. Ajay Ojha (DR)
Section 143(3)Section 147

evidences. The said material was subsequently sold by the Appellant and the profit earned thereon is offered for tax. Hence, addition of entire alleged bogus purchases is unjustified and the same may be deleted. 4. The Ld. CIT(A), further, failed to the appreciate that the Ld. A.O. has neither ... based on the information received from Maharashtra VAT Department through DGIT(Inv.) , Mumbai that the assessee is engaged in making bogus purchases wherein bills were obtained from accommodation entry providers without obtaining any material physically. The factum of assessee being involved in bogus purchases/hawala transactions had also came to light