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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

Dinesh R. Shah, Mumbai vs. Income Tax Officer, Ward 19(3)(2), Mumbai

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

ITA 1876/MUM/2018[2009-10]Status: DisposedITAT Mumbai29 Aug 2018AY 2009-10

Bench: Shri R. C. Sharma, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.1876/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2009-10) Shri Dinesh R. Shah (Legal बिधम/ Ito Ward-19(3)(2), Matru Heir Of Late Shri Mandir, Nana Chowk Vs. Rugnathmal A. Shah), 29, Mumbai-400007. Trimbak, Parshuram Street, 5Th Kumbharwada, Mumbai- 400004. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aktps4623G (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Ms. N. Hemlatha (Dr) Assessee By: None सुनवाई की तारीख / Date Of Hearing: 09.07.2018 घोषणा की तारीख /Date Of Pronouncement: 29.08.2018 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 02.01.2018 Passed By The Commissioner Of Income Tax (Appeals) - 30, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2009-10. 2. The Assessee Has Raised The Following Grounds: - “1. On The Facts & In The Circumstances Of The Case & In Law The Learned Commissioner Of Income Tax (Appeal) Erred In

For Appellant: NoneFor Respondent: Ms. N. Hemlatha (DR)
Section 133(6)Section 142(1)Section 143Section 143(1)Section 143(3)Section 147Section 148Section 14SSection 234A

confirming addition of Rs 3518OO/- to the total income of the appellant by estimating profit element @ 6 5% on alleged bogus purchases of Rs.5412307/-. (b) estimating rate of profit at 6.5% on alleged bogus purchases over and above gross profit declared of 4.92% by the appellant on such purchases ... taken the accommodation entries from several parties in Mumbai to reduce the ITA.NO.1876/M/2018 A.Y. 2009-10 tax liability. The information has shown the bogus purchases of the assessee from 11 parties which is hereby reproduced below.: - Sr.No Name of the hawala Parties Bill Amount 1 Aniket Steel