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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

Surana Diamond Jewellery Pvt. Ltd., Kolkata vs. Pr.CIT - 3, Kolkata

In the result, all these appeals of the assessee are allowed

ITA 667/KOL/2018[2011-12]Status: DisposedITAT Kolkata28 Nov 2018AY 2011-12

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey) Assessment Year: 2010-11 Assessment Year: 2011-12 Assessment Year: 2012-13 Assessment Year: 2013-14 Surana Diamond Jewellery Pvt. Ltd........................................…………………………………….…..Appellant S.L. Kochar, Advocate 5, Ashutosh Chowdhury Avenue Kolkata – 700 019 [Pan : Aalcs 4683 B] Principal Commissioner Of Income Tax, Circle-3, Kolkata.....................……………….…..Respondent Appearances By: Shri S.L. Kochar, A/R & Shri Anil Kochar, A/R, Appeared On Behalf Of The Assessee. Shri Sanjay Rai, Addl. Cit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 13Th, 2018 Date Of Pronouncing The Order : November 28Th, 2018 Order Per J. Sudhakar Reddy, Am :-

Section 133(6)Section 147Section 263

High Court has upheld the order of the Tribunal on similar facts and circumstances, that the purchases cannot be considered as bogus purchases as there was no evidence to show that the amount was recycled back to the assessee. The Hon’ble Supreme Court in SLP (Civil) Diary ... contentions of the assessee that the Assessing Officer has in a pre-determined manner, completed the assessment by adding only 3% of the total bogus purchase and thereby ignoring 97% of the bogus purchase which is an error causing prejudice to the revenue. He submitted that the information was received

Surana Diamond Jewellery Pvt. Ltd., Kolkata vs. Pr.CIT - 3, Kolkata

In the result, all these appeals of the assessee are allowed

ITA 666/KOL/2018[2010-11]Status: DisposedITAT Kolkata28 Nov 2018AY 2010-11

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey) Assessment Year: 2010-11 Assessment Year: 2011-12 Assessment Year: 2012-13 Assessment Year: 2013-14 Surana Diamond Jewellery Pvt. Ltd........................................…………………………………….…..Appellant S.L. Kochar, Advocate 5, Ashutosh Chowdhury Avenue Kolkata – 700 019 [Pan : Aalcs 4683 B] Principal Commissioner Of Income Tax, Circle-3, Kolkata.....................……………….…..Respondent Appearances By: Shri S.L. Kochar, A/R & Shri Anil Kochar, A/R, Appeared On Behalf Of The Assessee. Shri Sanjay Rai, Addl. Cit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 13Th, 2018 Date Of Pronouncing The Order : November 28Th, 2018 Order Per J. Sudhakar Reddy, Am :-

Section 133(6)Section 147Section 263

High Court has upheld the order of the Tribunal on similar facts and circumstances, that the purchases cannot be considered as bogus purchases as there was no evidence to show that the amount was recycled back to the assessee. The Hon’ble Supreme Court in SLP (Civil) Diary ... contentions of the assessee that the Assessing Officer has in a pre-determined manner, completed the assessment by adding only 3% of the total bogus purchase and thereby ignoring 97% of the bogus purchase which is an error causing prejudice to the revenue. He submitted that the information was received

Surana Diamond Jewellery Pvt. Ltd., Kolkata vs. Pr.CIT - 3, Kolkata

In the result, all these appeals of the assessee are allowed

ITA 669/KOL/2018[2013-14]Status: DisposedITAT Kolkata28 Nov 2018AY 2013-14

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey) Assessment Year: 2010-11 Assessment Year: 2011-12 Assessment Year: 2012-13 Assessment Year: 2013-14 Surana Diamond Jewellery Pvt. Ltd........................................…………………………………….…..Appellant S.L. Kochar, Advocate 5, Ashutosh Chowdhury Avenue Kolkata – 700 019 [Pan : Aalcs 4683 B] Principal Commissioner Of Income Tax, Circle-3, Kolkata.....................……………….…..Respondent Appearances By: Shri S.L. Kochar, A/R & Shri Anil Kochar, A/R, Appeared On Behalf Of The Assessee. Shri Sanjay Rai, Addl. Cit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 13Th, 2018 Date Of Pronouncing The Order : November 28Th, 2018 Order Per J. Sudhakar Reddy, Am :-

Section 133(6)Section 147Section 263

High Court has upheld the order of the Tribunal on similar facts and circumstances, that the purchases cannot be considered as bogus purchases as there was no evidence to show that the amount was recycled back to the assessee. The Hon’ble Supreme Court in SLP (Civil) Diary ... contentions of the assessee that the Assessing Officer has in a pre-determined manner, completed the assessment by adding only 3% of the total bogus purchase and thereby ignoring 97% of the bogus purchase which is an error causing prejudice to the revenue. He submitted that the information was received

Surana Diamond Jewellery Pvt. Ltd., Kolkata vs. Pr.CIT - 3, Kolkata

In the result, all these appeals of the assessee are allowed

ITA 668/KOL/2018[2012-13]Status: DisposedITAT Kolkata28 Nov 2018AY 2012-13

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey) Assessment Year: 2010-11 Assessment Year: 2011-12 Assessment Year: 2012-13 Assessment Year: 2013-14 Surana Diamond Jewellery Pvt. Ltd........................................…………………………………….…..Appellant S.L. Kochar, Advocate 5, Ashutosh Chowdhury Avenue Kolkata – 700 019 [Pan : Aalcs 4683 B] Principal Commissioner Of Income Tax, Circle-3, Kolkata.....................……………….…..Respondent Appearances By: Shri S.L. Kochar, A/R & Shri Anil Kochar, A/R, Appeared On Behalf Of The Assessee. Shri Sanjay Rai, Addl. Cit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 13Th, 2018 Date Of Pronouncing The Order : November 28Th, 2018 Order Per J. Sudhakar Reddy, Am :-

Section 133(6)Section 147Section 263

High Court has upheld the order of the Tribunal on similar facts and circumstances, that the purchases cannot be considered as bogus purchases as there was no evidence to show that the amount was recycled back to the assessee. The Hon’ble Supreme Court in SLP (Civil) Diary ... contentions of the assessee that the Assessing Officer has in a pre-determined manner, completed the assessment by adding only 3% of the total bogus purchase and thereby ignoring 97% of the bogus purchase which is an error causing prejudice to the revenue. He submitted that the information was received

The ITO, Ward-2(3)(7), Surat vs. Shri Ashok Jain, Surat

In the result, appeal of the Revenue is dismissed

ITA 1505/AHD/2017[2007-08]Status: DisposedITAT Surat14 Nov 2018AY 2007-08

Bench: Shri Rajpal Yadav & Shri Amarjit Singh, Accountant0 Member आयकर अपील सं./ Ita.No.1505/Ahd/2017 "नधा"रण वष"/ Asstt. Year: 2007-08 Ito, Ward-2(3)(7) Vs. Shri Ashok Jain Surat. Prop: Super Jewels C/O. 302, Nishit Diamond Complex Gujjar Falia, Mahidharpura Surat 395 009. Pan : Abdpj 6027 E अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Revenue By : Smt.Smita Nair, Sr.Dr Assessee By : Shri Himanshu Gandhi, Ca सुनवाई क" तार"ख/Date Of Hearing : 13/11/2018 घोषणा क" तार"ख /Date Of Pronouncement: 14/11/2018 आदेश/O R D E R Per Rajpal Yadav:

For Appellant: Shri Himanshu Gandhi, CAFor Respondent: Smt.Smita Nair, Sr.DR
Section 143(3)Section 148Section 151

pleaded that the ld.CIT(A) has erred in deleting addition of Rs.43,09,98,411/- which was added by the AO on account of bogus purchases. 2 3. Brief facts of the case are that the assessee has filed return of income on 12.10.2007 declaring total income at Rs.2 ... ld.AO thereafter observed that a letter from DGIT (Invest), Mumbai was received containing therein that Shri Rajendra Jain has given accommodation entries of bogus purchases, sales, unsecured loans, share capital etc. Hence, assessment of the assessee was required to be reopened. Accordingly, he recorded reasons and issued notice