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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

Assistant Commissioner of Income Tax vs. Jijabrao Anandrao Patil, Dhule

The appeal of the assessee is allowed for statistical purposes and the cross appeal of the Revenue is dismissed

ITA 244/PUN/2017[2011-12]Status: DisposedITAT Pune27 Jun 2019AY 2011-12

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita Nos.2916 & 2917/Pun/2016 िनधा"रण वष" / Assessment Years : 2010-11 & 2011-12 Jijabrao Anandrao Patil, Plot No.107, Shivparvati Colony, Near Kirti Classes, Vidya Nagari, Deopur, Dhule-424005. .......अपीलाथ" / Appellant Pan : Abhpp1209J बनाम / V/S. ……""यथ" / Respondent Acit, Circle Dhule. आयकर अपील सं. / Ita Nos.243 & 244/Pun/2017 िनधा"रण वष" / Assessment Years : 2010-11 & 2011-12 .......अपीलाथ" / Appellant Acit, Circle Dhule. बनाम / V/S. Jijabrao Anandrao Patil, Prop: Jaishrikrishna Enterprises, Plot No.7, Shiv Parvati Colony, Near Kirti Classes, Deopour, Dhule-424002. ……""यथ" / Respondent Pan : Abhpp1209J Assessee By : Shri Sanket Joshi Revenue By : Shri N. Ashok Babu सुनवाई क" तारीख / Date Of Hearing : 07.06.2019 घोषणा क" तारीख / Date Of Pronouncement : 27.06.2019 आदेश / Order Per D. Karunakara Rao, Am: There Are Two Sets Of Cross Appeals I.E. Four Appeals Filed By The Assessee As Well As By The Revenue Involving The Assessment Years

For Appellant: Shri Sanket JoshiFor Respondent: Shri N. Ashok Babu
Section 148

appeal are as under :- “1] The additions of Rs.2621099/- confirmed by the CIT(A)-1, Nashik should be deleted fully as the so called bogus purchases were not bogus and the same have been paid through bank transactions. 2] The assessment reopened u/s 148 should be held as improper ... grounds of appeal.” 4. Before us, at the outset, ld. Counsel for the assessee demonstrated that this is a case of bogus purchases where the trail of goods were demonstrated. Further, bringing our attention to the order of the Assessing Officer and the CIT(A), ld. Counsel submitted that both

Assistant Commissioner of Income Tax vs. Jijabrao Anandrao Patil, Dhule

The appeal of the assessee is allowed for statistical purposes and the cross appeal of the Revenue is dismissed

ITA 243/PUN/2017[2010-11]Status: DisposedITAT Pune27 Jun 2019AY 2010-11

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita Nos.2916 & 2917/Pun/2016 िनधा"रण वष" / Assessment Years : 2010-11 & 2011-12 Jijabrao Anandrao Patil, Plot No.107, Shivparvati Colony, Near Kirti Classes, Vidya Nagari, Deopur, Dhule-424005. .......अपीलाथ" / Appellant Pan : Abhpp1209J बनाम / V/S. ……""यथ" / Respondent Acit, Circle Dhule. आयकर अपील सं. / Ita Nos.243 & 244/Pun/2017 िनधा"रण वष" / Assessment Years : 2010-11 & 2011-12 .......अपीलाथ" / Appellant Acit, Circle Dhule. बनाम / V/S. Jijabrao Anandrao Patil, Prop: Jaishrikrishna Enterprises, Plot No.7, Shiv Parvati Colony, Near Kirti Classes, Deopour, Dhule-424002. ……""यथ" / Respondent Pan : Abhpp1209J Assessee By : Shri Sanket Joshi Revenue By : Shri N. Ashok Babu सुनवाई क" तारीख / Date Of Hearing : 07.06.2019 घोषणा क" तारीख / Date Of Pronouncement : 27.06.2019 आदेश / Order Per D. Karunakara Rao, Am: There Are Two Sets Of Cross Appeals I.E. Four Appeals Filed By The Assessee As Well As By The Revenue Involving The Assessment Years

For Appellant: Shri Sanket JoshiFor Respondent: Shri N. Ashok Babu
Section 148

appeal are as under :- “1] The additions of Rs.2621099/- confirmed by the CIT(A)-1, Nashik should be deleted fully as the so called bogus purchases were not bogus and the same have been paid through bank transactions. 2] The assessment reopened u/s 148 should be held as improper ... grounds of appeal.” 4. Before us, at the outset, ld. Counsel for the assessee demonstrated that this is a case of bogus purchases where the trail of goods were demonstrated. Further, bringing our attention to the order of the Assessing Officer and the CIT(A), ld. Counsel submitted that both

Jijabrao Anandrao Patil, Dhule vs. Assistant Commissioner of Income Tax

The appeal of the assessee is allowed for statistical purposes and the cross appeal of the Revenue is dismissed

ITA 2917/PUN/2016[2011-12]Status: DisposedITAT Pune27 Jun 2019AY 2011-12

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita Nos.2916 & 2917/Pun/2016 िनधा"रण वष" / Assessment Years : 2010-11 & 2011-12 Jijabrao Anandrao Patil, Plot No.107, Shivparvati Colony, Near Kirti Classes, Vidya Nagari, Deopur, Dhule-424005. .......अपीलाथ" / Appellant Pan : Abhpp1209J बनाम / V/S. ……""यथ" / Respondent Acit, Circle Dhule. आयकर अपील सं. / Ita Nos.243 & 244/Pun/2017 िनधा"रण वष" / Assessment Years : 2010-11 & 2011-12 .......अपीलाथ" / Appellant Acit, Circle Dhule. बनाम / V/S. Jijabrao Anandrao Patil, Prop: Jaishrikrishna Enterprises, Plot No.7, Shiv Parvati Colony, Near Kirti Classes, Deopour, Dhule-424002. ……""यथ" / Respondent Pan : Abhpp1209J Assessee By : Shri Sanket Joshi Revenue By : Shri N. Ashok Babu सुनवाई क" तारीख / Date Of Hearing : 07.06.2019 घोषणा क" तारीख / Date Of Pronouncement : 27.06.2019 आदेश / Order Per D. Karunakara Rao, Am: There Are Two Sets Of Cross Appeals I.E. Four Appeals Filed By The Assessee As Well As By The Revenue Involving The Assessment Years

For Appellant: Shri Sanket JoshiFor Respondent: Shri N. Ashok Babu
Section 148

appeal are as under :- “1] The additions of Rs.2621099/- confirmed by the CIT(A)-1, Nashik should be deleted fully as the so called bogus purchases were not bogus and the same have been paid through bank transactions. 2] The assessment reopened u/s 148 should be held as improper ... grounds of appeal.” 4. Before us, at the outset, ld. Counsel for the assessee demonstrated that this is a case of bogus purchases where the trail of goods were demonstrated. Further, bringing our attention to the order of the Assessing Officer and the CIT(A), ld. Counsel submitted that both

Jijabrao Anadrao Patil, Dhule vs. Assistant Commissioner of Income Tax

The appeal of the assessee is allowed for statistical purposes and the cross appeal of the Revenue is dismissed

ITA 2916/PUN/2016[2010-11]Status: DisposedITAT Pune27 Jun 2019AY 2010-11

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita Nos.2916 & 2917/Pun/2016 िनधा"रण वष" / Assessment Years : 2010-11 & 2011-12 Jijabrao Anandrao Patil, Plot No.107, Shivparvati Colony, Near Kirti Classes, Vidya Nagari, Deopur, Dhule-424005. .......अपीलाथ" / Appellant Pan : Abhpp1209J बनाम / V/S. ……""यथ" / Respondent Acit, Circle Dhule. आयकर अपील सं. / Ita Nos.243 & 244/Pun/2017 िनधा"रण वष" / Assessment Years : 2010-11 & 2011-12 .......अपीलाथ" / Appellant Acit, Circle Dhule. बनाम / V/S. Jijabrao Anandrao Patil, Prop: Jaishrikrishna Enterprises, Plot No.7, Shiv Parvati Colony, Near Kirti Classes, Deopour, Dhule-424002. ……""यथ" / Respondent Pan : Abhpp1209J Assessee By : Shri Sanket Joshi Revenue By : Shri N. Ashok Babu सुनवाई क" तारीख / Date Of Hearing : 07.06.2019 घोषणा क" तारीख / Date Of Pronouncement : 27.06.2019 आदेश / Order Per D. Karunakara Rao, Am: There Are Two Sets Of Cross Appeals I.E. Four Appeals Filed By The Assessee As Well As By The Revenue Involving The Assessment Years

For Appellant: Shri Sanket JoshiFor Respondent: Shri N. Ashok Babu
Section 148

appeal are as under :- “1] The additions of Rs.2621099/- confirmed by the CIT(A)-1, Nashik should be deleted fully as the so called bogus purchases were not bogus and the same have been paid through bank transactions. 2] The assessment reopened u/s 148 should be held as improper ... grounds of appeal.” 4. Before us, at the outset, ld. Counsel for the assessee demonstrated that this is a case of bogus purchases where the trail of goods were demonstrated. Further, bringing our attention to the order of the Assessing Officer and the CIT(A), ld. Counsel submitted that both

Shri Kamlesh Pancharam Patel, Mumbai vs. ITO 19(2)(2), Mumbai

In the result, the appeals of the assessee are partly allowed

ITA 4359/MUM/2018[2011-12]Status: DisposedITAT Mumbai25 Jun 2019AY 2011-12

Bench: Sri Mahavir Singhaayakr Apila Sam./ Ita No. 4358/Mum/2018 (Inaqa-Arna Baya- / Assessment Year 2010-11) Aayakr Apila Sam./ Ita No. 4359/Mum/2018 (Inaqa-Arna Baya- / Assessment Year 2011-12) Shri Kamlesh Pancharam The Income Tax Officer, Patel 19(2)(2) Ground Floor, Chandralok, 37, Mumbai Vs. Ardeshir Dady Street, V.P. Road, Mumbai-400 004 .. (P`%Yaqaai- / Respondent) (Apilaaqai- / Appellant) स्थायी लेखा िं./Pan No. Adhpp2210P अपीलाथी की ओर े / Appellant By : Shri Bhupendra Shah, Ar प्रत्यथी की ओर े / Respondent By : Shri Rajat Mittal, Dr ुनवाई की तारीख / Date Of Hearing: 25.06.2019 घोषणा की तारीख / Date Of Pronouncement : 25.06.2019

For Appellant: Shri Bhupendra Shah, ARFor Respondent: Shri Rajat Mittal, DR
Section 133(6)Section 143(3)

appeals of assessee is against the order of CIT(A) confirming the addition made by AO applying the profit rate at 12.5% of the bogus purchase. For this assessee has raised identically worded grounds in both the years except the quantum. The facts and circumstances are exactly identical in both ... according to me a profit rate of 12.5% is on higher side as assessee has also paid the VAT element on these bogus purchases, a further deduction in estimation of profit to the extent of 7.5% can be allowed. Hence, I direct the AO to recompute the income after applying

Shri Kamlesh Pancharam Patel, Mumbai vs. ITO 19(2)(2), Mumbai

In the result, the appeals of the assessee are partly allowed

ITA 4358/MUM/2018[2010-11]Status: DisposedITAT Mumbai25 Jun 2019AY 2010-11

Bench: Sri Mahavir Singhaayakr Apila Sam./ Ita No. 4358/Mum/2018 (Inaqa-Arna Baya- / Assessment Year 2010-11) Aayakr Apila Sam./ Ita No. 4359/Mum/2018 (Inaqa-Arna Baya- / Assessment Year 2011-12) Shri Kamlesh Pancharam The Income Tax Officer, Patel 19(2)(2) Ground Floor, Chandralok, 37, Mumbai Vs. Ardeshir Dady Street, V.P. Road, Mumbai-400 004 .. (P`%Yaqaai- / Respondent) (Apilaaqai- / Appellant) स्थायी लेखा िं./Pan No. Adhpp2210P अपीलाथी की ओर े / Appellant By : Shri Bhupendra Shah, Ar प्रत्यथी की ओर े / Respondent By : Shri Rajat Mittal, Dr ुनवाई की तारीख / Date Of Hearing: 25.06.2019 घोषणा की तारीख / Date Of Pronouncement : 25.06.2019

For Appellant: Shri Bhupendra Shah, ARFor Respondent: Shri Rajat Mittal, DR
Section 133(6)Section 143(3)

appeals of assessee is against the order of CIT(A) confirming the addition made by AO applying the profit rate at 12.5% of the bogus purchase. For this assessee has raised identically worded grounds in both the years except the quantum. The facts and circumstances are exactly identical in both ... according to me a profit rate of 12.5% is on higher side as assessee has also paid the VAT element on these bogus purchases, a further deduction in estimation of profit to the extent of 7.5% can be allowed. Hence, I direct the AO to recompute the income after applying