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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

S4 Interior, Mumbai vs. Assistant Commissioner of Income Tax 25(3), Mumbai

The appeal of the assessee is allowed

ITA 4422/MUM/2017[2009-10]Status: DisposedITAT Mumbai26 Sept 2018AY 2009-10

Bench: Shri B.R.Baskaran & Shri Ravish Soodm/S S4 Interior, Assisstant Commissioner Of Income A-301E, Sumit Samarth Tax-25(3), Arcade, Tatya Tope Nagar, Pratyakshkar Bhavan, Vs. Near Railway Station, Bandra Kurla Complex, Goregaon (West), Mumbai Mumbai- 400062 Pan – Abgfs7239E Assessee Revenue Assessee By: Shri Rajiv Khandelwal, A.R Revenue By: Shri Nishant Samaiya, D.R Date Of Hearing: 24.09.2018 Date Of Pronouncement: 26.09.2018 O R D E R Per Ravish Sood, Jm The Present Appeal Filed By The Assessee For A.Y. 2009-10 Is Directed Against The Order Passed By The Cit(A)-32, Mumbai, Which In Turn Arises From The Order Passed By The A.O Under Sec. 271(1)(C) Of The Income Tax Act, 1961 (For Short ‘Act’), Dated 23.09.2015. The Assessee Assailing The Order Of The Cit(A) Has Raised Before Us The Following Grounds Of Appeal: “1. Under The Facts & In Law, The Hon'Ble Cit(A) Has Erred In Confirming The Penalty Of Rs. 430,707/- Levied Under Section 271(1)(C) Of The Income Tax Act, 1961. 1.1 The Hon’Ble Cit(A) Erred In Confirming The Penalty Without Appreciating The Submission Made By The Appellant.

For Appellant: Shri Rajiv Khandelwal, A.RFor Respondent: Shri Nishant Samaiya, D.R
Section 133(6)Section 143(3)Section 147Section 271(1)(c)

Subsequently, on the basis of information received from the DGIT(Inv.), Mumbai that the assessee had during the year under consideration procured bogus purchase bills aggregating to an amount of Rs.1,11,50,985/-, the case was reopened under Sec. 147 of the Act. 3. During the course ... view that the assessee by making the purchases from the open/grey market and supporting the same on the basis of bogus purchase bills, had thus, by so doing suppressed its profits by inflating the purchases. In the backdrop of his aforesaid conviction, the A.O made an estimated disallowance

Girish Narapatchand Kanungo, Mumbai vs. ITO 19(1)(3), Mumbai

In the result, the appeal of the assessee in ITA no

ITA 1587/MUM/2017[2009-10]Status: DisposedITAT Mumbai26 Sept 2018AY 2009-10

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.1587/Mum/2017 (नििाारण वर्ा / Assessment Year : 2009-10) बिाम/ Mr. Girish Narapatchand Ito 19(1)(3) Kanungo Matru Mandir, Prop. M/S. Tirupati Impex, Mumbai V. Flat No. 3, 2 Nd Floor, 5 Ramniwas Bldg, 2Nd Parsiwada Lane, Opp. V.P Road Police Station, Mumbai 400004 स्थायी ऱेखा सं./ Pan : Aoapk9201M (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: None Revenue By : Shri. C.S. Sharma सुनवाई की तारीख /Date Of Hearing : 19.09.2018 घोषणा की तारीख /Date Of Pronouncement : 26.09.2018 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Assessee, Being Ita No. 1587/Mum/2017, Is Directed Against Appellate Order Dated 22.12.2016 Passed By Learned Commissioner Of Income Tax (Appeals)-30, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year 2009-10, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Assessment Order Dated 10.03.2015 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) R.W.S. 147 Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay 2009-10. I.T.A. No.1587/Mum/2017

For Appellant: NoneFor Respondent: Shri. C.S. Sharma
Section 143(1)Section 143(3)Section 147Section 148

name of the assessee also appeared in the list prepared by the Maharashtra Sale Tax Department as one of the beneficiary of these alleged bogus purchases to the tune of Rs. 3,83,34,603/- from following bogus parties:- Name of the Party Financial Amount Total Year (In Rs.) Veer ... order sheet entry dated 05.03.2015 requested the AO during the course of re- assessment proceedings to make reasonable additions with respect to the alleged bogus purchases. The AO , thus , quantified the profit element in these alleged bogus purchases by bringing 12.5% of the alleged bogus purchases

Saket Infraprojets Ltd, Mumbai vs. DCIT Cen Cir 6, Mumbai

Appeal stand partly allowed

ITA 735/MUM/2016[2011-12]Status: DisposedITAT Mumbai26 Sept 2018AY 2011-12

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./I.T.A. No.734/Mum/2016 (िनधा"रणवष" / Assessment Year: 2011-12) Shah & Parikh Deputy Commissioner Of Income बनाम/ Tax Central Circle-1 2, Vallabh Niwas, Malviya Road Vile Parle (East) Old Cgo Building, M. K. Road Vs. Mumbai-400 057 Mumbai-400 020 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aajfs-4684-D (अपीलाथ"/Appellant) (""थ" / Respondent) : & आयकरअपीलसं./I.T.A. No.735/Mum/2016 (िनधा"रणवष" / Assessment Year: 2011-12) Saket Infraprojects Limited Deputy Commissioner Of Income बनाम/ Tax Central Circle-5 308, The Summit Business Bay Old Cgo Building, 9Th Floor Service Road, Off Weh Vs. Vile Parle (E),Mumbai-400 057 Mumbai-400 020 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aakcs-4532-L (अपीलाथ"/Appellant) (""थ" / Respondent) :

For Appellant: A.N. Shah, Ld. ARFor Respondent: Rignesh Das, Ld. JCIT- DR
Section 131Section 133(6)Section 133ASection 143(3)

while estimating such additions for all the group concerns. Keeping in view the same, we reduce the estimated additions to 7% of alleged bogus purchases. The impugned order stand modified to that extent. Resultantly, the assessee’s appeal stand partly allowed. ITA No. 735/Mum/2016 ; Saket Infraprojects Limited 6. The assessee ... being part of the same group, under similar circumstances, has been saddled with an addition of 22% against alleged bogus purchases for Rs.3,86,21,849/-. The quantum of addition, upon further appeal, has been reduced to 14.91% by Ld. first appellate authority. Facts and circumstances being the same

Shah & Parikh, Mumbai vs. DCIT Cen Cir 5, Mumbai

Appeal stand partly allowed

ITA 734/MUM/2016[2011-12]Status: DisposedITAT Mumbai26 Sept 2018AY 2011-12

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./I.T.A. No.734/Mum/2016 (िनधा"रणवष" / Assessment Year: 2011-12) Shah & Parikh Deputy Commissioner Of Income बनाम/ Tax Central Circle-1 2, Vallabh Niwas, Malviya Road Vile Parle (East) Old Cgo Building, M. K. Road Vs. Mumbai-400 057 Mumbai-400 020 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aajfs-4684-D (अपीलाथ"/Appellant) (""थ" / Respondent) : & आयकरअपीलसं./I.T.A. No.735/Mum/2016 (िनधा"रणवष" / Assessment Year: 2011-12) Saket Infraprojects Limited Deputy Commissioner Of Income बनाम/ Tax Central Circle-5 308, The Summit Business Bay Old Cgo Building, 9Th Floor Service Road, Off Weh Vs. Vile Parle (E),Mumbai-400 057 Mumbai-400 020 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aakcs-4532-L (अपीलाथ"/Appellant) (""थ" / Respondent) :

For Appellant: A.N. Shah, Ld. ARFor Respondent: Rignesh Das, Ld. JCIT- DR
Section 131Section 133(6)Section 133ASection 143(3)

while estimating such additions for all the group concerns. Keeping in view the same, we reduce the estimated additions to 7% of alleged bogus purchases. The impugned order stand modified to that extent. Resultantly, the assessee’s appeal stand partly allowed. ITA No. 735/Mum/2016 ; Saket Infraprojects Limited 6. The assessee ... being part of the same group, under similar circumstances, has been saddled with an addition of 22% against alleged bogus purchases for Rs.3,86,21,849/-. The quantum of addition, upon further appeal, has been reduced to 14.91% by Ld. first appellate authority. Facts and circumstances being the same

Midland Animal Nutrition P. Ltd, Mumbai vs. ITO WD 2(1)(2), Mumbai

In the result, the appeal filed by the assessee is hereby ordered to be allowed

ITA 3203/MUM/2015[2010-11]Status: DisposedITAT Mumbai26 Sept 2018AY 2010-11

Bench: Shri R. C. Sharma, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.3203/Mum/2015 (निर्धारण वर्ा / Assessment Year: 2010-11) बिधम/ Midland Animal Nutrition Ito Ward-2(1)(2), Mumbai- Pvt. Ltd. 6W, Merchant 400020. Vs. Chambers, 6Th Floor, No.41, New Marine Lines, Opp, Patkar Hall, Mumbai- 400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacc2964Q (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri D Dharmesh Shah & Dhaval Shah Revenue By: Shri Suman Kumar (Dr) सुनवाई की तारीख / Date Of Hearing: 11.07.2018 घोषणा की तारीख /Date Of Pronouncement: 26.09.2018 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 11.05.2015 Passed By The Commissioner Of Income Tax (Appeals)-4, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2010-11 Wherein The Penalty Levied By The Ao U/S 271(1)(C) Of The I.T. Act, 1961 Has Been Ordered To Be Upheld.

For Appellant: Shri D Dharmesh Shah & DhavalFor Respondent: Shri Suman Kumar (DR)
Section 115JSection 133(6)Section 143(3)Section 271(1)(c)Section 27l

erred in confirming the penalty levied ITA. No.3203/M/2015 A.Y. 2010-11 u/s.27l(l)(c) of the Act of Rs,3,24,450/- on alleged bogus purchases of Rs.10,50,000/-. 1.1 On the facts and circumstances of the case and in law. the CIT(A) erred in not considering ... purchase bills, delivery challans and confirmation of the party from whom the alleged bogus purchases were made and thereby holding that the same were not bogus in view of the decision of the Hon'ble Bombay High Court in the case of Nikunj Eximp Enterprises