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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

ACIT, New Delhi vs. M/S. Karam Chand Rubber Industries (P) Ltd., New Delhi

In the result, the appeal filed by the Revenue is dismissed

ITA 6599/DEL/2014[2011-12]Status: DisposedITAT Delhi12 Dec 2018AY 2011-12

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2011-12 Acit, Vs. Karam Chand Rubber Industries Central Circle-7, (P) Ltd., New Delhi. R/O D-1039, New Friends Colony, New Delhi. Pan: Aaack4889J (Appellant) (Respondent) Assessee By : Shri P.C. Yadav, Advocate Revenue By : Shri Vijay Verma, Cit, Dr Date Of Hearing : 04.10.2018 Date Of Pronouncement : 12.12.2018 Order Per R.K. Panda, Am: This Appeal By The Revenue Is Directed Against The Order Dated 30Th September, 2014 Of The Cit(A)-31, New Delhi Relating To Assessment Year 2011-12. 2. The Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Manufacturing Of Cycle/Rickshaw Rims. A Search U/S 132 Of The It Act Was Carried Out At M/S Dhirani Group Of Cases On 28Th July, 2011 During Which The Business Premises Of The Assessee Was Also Covered. In Response To Notice U/S 153A Of The It Act Dated 21St May, 2012, The Assessee Filed Its Return Of Income On 13Th June, 2012

For Appellant: Shri P.C. Yadav, AdvocateFor Respondent: Shri Vijay Verma, CIT, DR
Section 131Section 132Section 142(1)Section 153ASection 40A(2)(b)

hearing of the appeal.” 9 11. The ld. DR strongly opposed the order of the CIT(A) deleting the addition on account of bogus purchase and substantial relief in the salary paid to the related party. So far as the deletion of the addition made by the Assessing Officer ... account of bogus purchase is concerned, he submitted that enquiries regarding parties were made in post search enquiries and none of the parties were found at the address provided by the assessee. This fact was also confronted to the assessee on 4th November 2011 itself which is within eight months

M/S Sangita Construction Co., Kolkata vs. ITO, WD-26(1), Kolkata

Appeal is allowed in above terms

ITA 354/KOL/2016[2010-2011]Status: DisposedITAT Kolkata30 Nov 2018AY 2010-2011

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2010-11 M/S Sangita V/S. Income Tax Officer, Construction Co. Pujali Ward-26(1), Ayakar Budge Budge, Bhawan Dakshin 2, Kolkata-700138 Gariahat Road (South), [Pa No.Aavfs 7245 L] Kolkata-68 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri A.K. Tibrwal, Fca अपीलाथ" क" ओर से/By Appellant Shri Sandeep Lakra, Addl. Cit-Sr-Dr ""यथ" क" ओर से/By Respondent 22-11-2018 सुनवाई क" तार"ख/Date Of Hearing 30-11-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2010-11 Challenges Correctness Of Commissioner Of Income Tax (Appeals)-7 Kolkata’S Order Dated 14.12.2015, Passed In Case No.262Cita-7R/Range-26/14-15, In Proceedings U/S. 143(3)/144 Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. The Assessee’S First Substantive Ground Seeks To Challenge Correctness Of Both The Lower Authorities’ Action Disallowing / Adding Its Transport Charges Of ₹28,12,459/- On Account Of Non-Deduction Of Tds. The Cit(A)’S Appeal Discussion Qua The Instant Issue Reads As Under:- “2.0 Ground No.2 Is Related To The Addition Of Rs.28,12,459/-. During The Course Of Assessment Proceedings The Assessing Officer Found That The Appellant Made Purchases Of Rs.16,60,901/- From Mr. Dinesh Gupta & Rs.11,51,558/- From M/S S. P Enterprise. The Enquiries Conducted By The A.O Revealed That The M/S S.P Enterprise Was Found To Be Non-Existent. Summons

Section 131Section 143(3)Section 40

order to the extent of ₹70,05,242/- as follows:- “Ground No.1 is related to the addition of Rs.76,19,346/- on account of bogus purchases. The assessing officer dealt with the issue in the assessment order as under: During the year the assessee firm has shown gross receipts ... purchase has been made by the assessee. The A. O has not rejected the books of accounts but made the additions towards the bogus purchase. The payment has been made to these parties in the subsequent year which has not been disputed by the revenue. It is not a case