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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

Asst CIT 19(3), Mumbai vs. Yogesh Construction, Mumbai

In the result, appeal filed by the revenue as well as the Cross

ITA 4038/MUM/2017[2010-11]Status: DisposedITAT Mumbai31 Jul 2018AY 2010-11

Bench: Shri B.R. Baskaran (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2010-11 The Acit-19(3), M/S Yogesh Construction, Matru Mandir, 2Nd Floor, 1/11, 1St Floor, R. No. 206, Tardeo Road, 25- Harharwala Building, Mumbai - 400007 Vs. S.V.P. Road, Mumbai - 400004 Pan: Aaafy6766D (Appellant) (Respondent) Co No. 164/Mum/2018 Assessment Year: 2010-11 M/S Yogesh Construction, The Acit-19(3), 1/11, 1St Floor, Matru Mandir, 2Nd Floor, 25- Harharwala Building, R. No. 206, Tardeo Road, S.V.P. Road, Vs. Mumbai - 400007 Mumbai - 400004 Pan: Aaafy6766D (Appellant) (Respondent) Revenue By : Shri V. Vidhyadhar (Sr. Dr) Assessee By : Shri Rahul Hakani (Ar) Date Of Hearing: 19/07/2018 Date Of Pronouncement: 31/07/2018

For Appellant: Shri Rahul Hakani (AR)For Respondent: Shri V. Vidhyadhar (Sr. DR)
Section 133(6)Section 143Section 143(1)Section 143(2)Section 147Section 148

Income Tax Act, 1961 (for short ‘the Act’) and sustained the addition to 15% as against the 100% made by AO on account of bogus purchases. Brief facts of the case are that the assessee engaged in the business of constructions, filed its return of income for the assessment year ... notices issued to the parties u/s 133(6) of the Act, were received back un-served. Accordingly, the AO treating the entire amount of bogus purchases made addition of the said amount to the total income of the assessee. Aggrieved by the assessment order, the AO challenged the same inter