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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

Mr.Nareshkumar Ramaji Choudhary, Mumbai vs. Income Tax Officer 19(2)(4), Mumbai

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

ITA 1988/MUM/2018[2011-12]Status: DisposedITAT Mumbai25 Oct 2018AY 2011-12

Bench: Sri Mahavir Singhaayakr Apila Sam./ Ita No. 1987/Mum/2018 (Inaqa-Arna Baya- / Assessment Year 2010-11) Aayakr Apila Sam./ Ita No. 1988/Mum/2018 (Inaqa-Arna Baya- / Assessment Year 2011-12) Mr. Nareshkumar Ramaji Income Tax Officer, Ward Choudhary 19(2)(4), Piramal Chamber, Room No.8, Ground Floor, 58, Lal Bag, Mumbai-400 012 Vs. Ragwala Building, Islampura Street, Nanubhai Desai Road, Mumba-400 004 .. (P`%Yaqaai- / Respondent) (Apilaaqai- / Appellant) स्थायी लेखा िं./Pan No. Adnpc6328D अपीलाथी की ओर े / Appellant By : None प्रत्यथी की ओर े / Respondent By : Shri Sk Bepari, Dr ुनवाई की तारीख / Date Of Hearing: 25.10.2018 घोषणा की तारीख / Date Of Pronouncement : 25.10.2018 Aadosa / O R D E R

For Appellant: NoneFor Respondent: Shri SK Bepari, DR
Section 133(6)Section 143(3)Section 147

appeal 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 4.5% can be allowed. Hence, I direct the AO to recompute the income after applying

Mr.Nareshkumar Ramaji Choudhary, Mumbai vs. Income Tax Officer 19(2)(4), Mumbai

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

ITA 1987/MUM/2018[2010-11]Status: DisposedITAT Mumbai25 Oct 2018AY 2010-11

Bench: Sri Mahavir Singhaayakr Apila Sam./ Ita No. 1987/Mum/2018 (Inaqa-Arna Baya- / Assessment Year 2010-11) Aayakr Apila Sam./ Ita No. 1988/Mum/2018 (Inaqa-Arna Baya- / Assessment Year 2011-12) Mr. Nareshkumar Ramaji Income Tax Officer, Ward Choudhary 19(2)(4), Piramal Chamber, Room No.8, Ground Floor, 58, Lal Bag, Mumbai-400 012 Vs. Ragwala Building, Islampura Street, Nanubhai Desai Road, Mumba-400 004 .. (P`%Yaqaai- / Respondent) (Apilaaqai- / Appellant) स्थायी लेखा िं./Pan No. Adnpc6328D अपीलाथी की ओर े / Appellant By : None प्रत्यथी की ओर े / Respondent By : Shri Sk Bepari, Dr ुनवाई की तारीख / Date Of Hearing: 25.10.2018 घोषणा की तारीख / Date Of Pronouncement : 25.10.2018 Aadosa / O R D E R

For Appellant: NoneFor Respondent: Shri SK Bepari, DR
Section 133(6)Section 143(3)Section 147

appeal 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 4.5% can be allowed. Hence, I direct the AO to recompute the income after applying

V. K. Trading Co., Mumbai vs. I.T.O. - 26(3)(4), Mumbai

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

ITA 131/MUM/2018[2011-12]Status: DisposedITAT Mumbai24 Oct 2018AY 2011-12

Bench: Sri Mahavir Singhaayakr Apila Sam./ Ita No. 130/Mum/2018 (Inaqa-Arna Baya- / Assessment Year 2010-11) Aayakr Apila Sam./ Ita No. 131/Mum/2018 (Inaqa-Arna Baya- / Assessment Year 2011-12) V.K. Trading Co. The Income Tax Officer ¼, Om Trimurti Chs, Sion 26(3)(4), 5Th Floor, C-11, Trombay Road, Chunabhatti, Pratyakshkar Bhavan, Vs. Mumbai-400 022 Bandra (E), Mumbai-400 051 .. (P`%Yaqaai- / Respondent) (Apilaaqai- / Appellant) स्थायी लेखा िं./Pan No. Aaffv2666L अपीलाथी की ओर े / Appellant By : Shri Ashok J. Patil, Ar प्रत्यथी की ओर े / Respondent By : Shri Sk Bepari, Dr ुनवाई की तारीख / Date Of Hearing: 24.10.2018 घोषणा की तारीख / Date Of Pronouncement : 24.10.2018 Aadosa / O R D E R

For Appellant: Shri Ashok J. Patil, ARFor Respondent: Shri SK Bepari, DR
Section 133(6)Section 143(3)Section 147

common issue in these appeals of assessee is against the orders of CIT(A) confirming the disallowance made by AO off non-genuine and bogus purchases. For this assessee has raised identically worded grounds in both the years except the quantum. The facts and circumstances are exactly identical in both ... Income Tax Officer, being disallowing of ₹ 8,10,619/- at 12.5% of purchases from Ronak Overseas of ₹ 64,84,951/- on account of alleged bogus purchases based on the information received in respect of statement recorded before the Sales Tax Authorities which is without any basis and added the same

V. K. Trading Co., Mumbai vs. I.T.O. - 26(3)(4), Mumbai

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

ITA 130/MUM/2018[2010-11]Status: DisposedITAT Mumbai24 Oct 2018AY 2010-11

Bench: Sri Mahavir Singhaayakr Apila Sam./ Ita No. 130/Mum/2018 (Inaqa-Arna Baya- / Assessment Year 2010-11) Aayakr Apila Sam./ Ita No. 131/Mum/2018 (Inaqa-Arna Baya- / Assessment Year 2011-12) V.K. Trading Co. The Income Tax Officer ¼, Om Trimurti Chs, Sion 26(3)(4), 5Th Floor, C-11, Trombay Road, Chunabhatti, Pratyakshkar Bhavan, Vs. Mumbai-400 022 Bandra (E), Mumbai-400 051 .. (P`%Yaqaai- / Respondent) (Apilaaqai- / Appellant) स्थायी लेखा िं./Pan No. Aaffv2666L अपीलाथी की ओर े / Appellant By : Shri Ashok J. Patil, Ar प्रत्यथी की ओर े / Respondent By : Shri Sk Bepari, Dr ुनवाई की तारीख / Date Of Hearing: 24.10.2018 घोषणा की तारीख / Date Of Pronouncement : 24.10.2018 Aadosa / O R D E R

For Appellant: Shri Ashok J. Patil, ARFor Respondent: Shri SK Bepari, DR
Section 133(6)Section 143(3)Section 147

common issue in these appeals of assessee is against the orders of CIT(A) confirming the disallowance made by AO off non-genuine and bogus purchases. For this assessee has raised identically worded grounds in both the years except the quantum. The facts and circumstances are exactly identical in both ... Income Tax Officer, being disallowing of ₹ 8,10,619/- at 12.5% of purchases from Ronak Overseas of ₹ 64,84,951/- on account of alleged bogus purchases based on the information received in respect of statement recorded before the Sales Tax Authorities which is without any basis and added the same