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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

Hem Kiran Diesels, Kolhapur vs. Assistant Commissioner of Income-Tax, Central Circle -Kolhapur, Kolhapur

In the result, the appeal of the assessee is partly allowed

ITA 1088/PUN/2018[2011-12]Status: DisposedITAT Pune08 Feb 2019AY 2011-12

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No.1088/Pun/2018 िनधा"रण वष" / Assessment Year : 2011-12 Hem Kiran Diesels, 1227, E, Rajaram Road, Kolhapur-416008. .......अपीलाथ" / Appellant Pan : Aabfh6497B बनाम / V/S. Acit, Central Circle-Kolhapur, ……""यथ" / Respondent Kolhapur. Assessee By : Shri M. K. Kulkarni Revenue By : Shri M.K. Verma सुनवाई क" तारीख / Date Of Hearing : 07.02.2019 घोषणा क" तारीख / Date Of Pronouncement : 08.02.2019 आदेश / Order Per D. Karunakara Rao, Am: This Appeal Is Filed By The Assessee Against The Order Of Cit(A)-11, Pune Dated 14.03.2018 For The Assessment Year 2011-12. 2. The Effective Ground Raised By The Assessee Is As Under :- “1. On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Was Not Justified In Estimating The Income On Hawala Purchases As Reported By The Sales-Tax Department Equal To 30% As Against 10% Estimated By Various Appellate Authorities. The Estimation @ 30% Be Replaced By 10% To Do Justice To The Assessee.” 3. Briefly, The Relevant Facts Include That The Assessee Is A Company Engaged In The Business Of Repairs To Automobiles & Particularly Cater To The Diesel Engines Repairs, Like Nozzles, Pumps Etc. & Repair Workshops Of Four

For Appellant: Shri M. K. KulkarniFor Respondent: Shri M.K. Verma
Section 143(3)Section 148

Based on the information received from the Sales Tax Department, Maharashtra, the Assessing Officer found that the assessee was a beneficiary of the bogus purchases bills issued by M/s Mehta Auto Enterprises amounting to Rs.12,21,478/-. The assessee was asked to explain the same by issue of notice ... Officer passed the reassessment order u/s 143(3) r.w.s. 147 of the Act and added the addition of Rs.12,21,478/- on account of bogus purchases to the total income of the assessee. Aggrieved with the said decision of the Assessing Officer, the assessee carried the matter before