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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 19(1)(2), Mumbai vs. Ashok Kumar G. Arnaiya, Mumbai

In the result, both, the appeals of Revenue are dismissed and the appeals of the assessee are allowed

ITA 4622/MUM/2016[2006-07]Status: DisposedITAT Mumbai21 May 2019AY 2006-07

Bench: Sri Mahavir Singh, Jm & Sri Nk Pradhan, Am Aayakr Apila Sam./ Ita No. 4622/Mum/2016 (Inaqa-Arna Baya- / Assessment Year 2006-07) The Income Tax Officer, Shri Ashok Kumar G. Ward-15(2)(2), 2Nd Floor, Arnaiya, 32/34, 2 Nd Floor, Matru Mandir, Tardeo Road, Keshav Bhavan, 1St Vs. Mumbai-400 007 Carpenter Street, Mumbai-400 004 .. (Apilaaqai- / Appellant) (P`%Yaqaai- / Respondent) स्थायी लेखा सं./Pan No. Adfpa0906R Aayakr Apila Sam./ Ita No. 4635/Mum/2016 (Inaqa-Arna Baya- / Assessment Year 2006-07) Shri Ashok Kumar G. Arnaiya, The Income Tax Officer, 32/34, 2Nd Floor, Keshav Ward-15(2)(2), 2Nd Floor, Vs. Bhavan, 1St Carpenter Street, Matru Mandir, Tardeo Road, Mumbai-400 004 Mumbai-400 007 .. (P`%Yaqaai- / Respondent) (Apilaaqai- / Appellant) स्थायी लेखा सं./Pan No. Adfpa0906R Aayakr Apila Sam./ Ita No. 4636/Mum/2016 (Inaqa-Arna Baya- / Assessment Year 2006-07) Shri Prakashmal G. Arnaiya The Income Tax Officer, 32/34, 2Nd Floor, Keshav Ward-19(2)(5), Mumbai Vs. Bhavan, 1St Carpenter Street, Mumbai-400 004 .. (P`%Yaqaai- / Respondent) (Apilaaqai- / Appellant) स्थायी लेखा सं./Pan No. Aadpj0419M

For Appellant: Shri Satischandra Rajore, DRFor Respondent: Shri Devendra H. Jain, AR
Section 139(1)Section 143(1)Section 143(3)Section 147Section 148

same reasons recorded for the reopening. Vide order sheet entry dated 13-03-2014, AR was informed about the issues related to the bogus purchases and was asked to produce the parties who are in the list of Sales Tax information, to prove the genuineness of the purchase (All these ... same reasons recorded for the reopening. Vide order sheet entry dated 13-03-2014, assessee was informed about the issues related to the bogus purchases and was asked to produce the parties who are in the list of Sales Tax information, to prove the genuineness of the purchase (All these

ACIT, Circle - 2, Burdwan vs. M/S. Tulasi Rice Mill, Burdwan

Appeal is dismissed

ITA 1722/KOL/2017[2014-15]Status: DisposedITAT Kolkata17 May 2019AY 2014-15

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2014-15 Acit, Circle-2 V/S. M/S Tulasi Rice Mill Aayakar Bhawan, Court Vill & Pp.O. Mondalgram, Compound,Burdwan- Dist. Burdwan-713426 713101 [Pan No.Aadft 3080 G] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Sankar Halder, Jcit-Sr-Dr अपीलाथ" क" ओर से/By Appellant Shri Bisweswar Ghosh, Advocate ""यथ" क" ओर से/By Respondent 14-03-2019 सुनवाई क" तार"ख/Date Of Hearing 17-05-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Revenue’S Appeal For Assessment Year 2014-15 Arises Against The Commissioner Of Income Tax (Appeals)-Burdwan Order Dated 28.04.2017 Passed In Case No.91/Cit(A)/Acit/Cir-2/Bwn/2016-17, Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. 2. The Revenue Raises The Following Substantive Grounds In Its Instant Appeal:- “1. Whether Ld. Cit(A) Has Erred On Facts While Giving Relief To The Assessee By Restricting The Enhancement Of Gross Profit By Only About 0.5% Whereas The Ao Estimated The Enhancement Of Gross Profit By About 3.5% Such That The Overall Gross Profit Was 8.5% In The Assessment Order, While The Assessee Had Returned Income With A Gross Profit Of Only About 5.5% Ld. Cit(A) Quashed The Reports Of The Several Government & Private Organizations That Have Carried Out Extensive Research In The Field Of The Physical & Financial Aspects Of Rice Mills Situated All Over India. Ld. Cit(A) Has Refuted The Results Of Such Report Without Any Other Counterproof. Ld. Cit(A) Is Thus Erroneous In His Judgement. 2. Whether Cit(A) Has Erred In Facts In Estimating The Addition To Gross Profit Amounting To Only 0.5% While Stating That “If The Purchases Are Enhanced Through

Section 143(3)

estimate that the there could be a loss of gross profit amounting to about 0.5% in the overstatement of purchases of looking of bogus purchases. This is because the said discrepancies would telescope into one another. In the interests of justice and for the purposes of revenue, therefore, it would

Pankaj Sabharwal, Mumbai vs. Income Tax Officer 22(3)(3), Mumbai

The appeal stands partly allowed

ITA 1761/MUM/2018[2010-11]Status: DisposedITAT Mumbai16 May 2019AY 2010-11

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.1761/Mum/2018 (िनधा"रण वष" / Assessment Year: 2010-11) & आयकरअपील सं./ I.T.A. No.1762/Mum/2018 (िनधा"रण वष" / Assessment Year: 2011-12) Pankaj Sabharwal Income Tax Officer-22(3)(3), Room No. 401, 4Th Floor M/S. Armstrong Safety बनाम/ Shop No.07, The Eastern Galleria Tower No.-6, Vashi Vs. Palm Beach Road Station Complex, Vashi Sector-4, Nerul, Navi Mumbai-400 706. Navi Mumbai. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aqpps-3284-R (अपीलाथ"/Appellant) (""यथ" / Respondent) :

For Appellant: Ms. Ritika Agarwal-Ld. ARFor Respondent: Shri Abhi Rama Kartikeyan-Ld.DR
Section 133(6)Section 142(1)Section 143(1)Section 143(3)Section 148Section 250Section 68

BECAUSE, the Id. CIT(A) has erred in law and on facts in upholding 100% of the disallowance in respect of alleged bogus purchases amounting to Rs.592,042/- based on information from Sales Tax Department. (ii) BECAUSE, the Id. CIT(A) has erred in law and on facts in upholding ... hands of the assessee. Finding no substance in legal submissions, we reject the same. 6.2 So far as the addition of alleged bogus purchases is concerned, we find that assessee was in possession of primary purchase documents and the payments to the suppliers was through banking channels