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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

ITO 5(1)(1), Mumbai vs. Ardh Metal Alloys P.Ltd, Mumbai

In the result, appeal of the revenue is partly allowed

ITA 158/MUM/2016[2010-11]Status: DisposedITAT Mumbai26 Jul 2018AY 2010-11

Bench: Shri Pawan Singh & Shri N.K. Pradhanito-5(1)(1), M/S Ardh Metal Alloys Pvt. Ltd. Room No. 570, 5Th Floor, 205, Dhiraj Bhavan, 175/177 Aayakar Bhavan, M.K. Road, Vs. Kika Street, Gulal Wadi, Mumbai-400020. Mumbai-400002. Pan: Aabca3902F Appellant Respondent Ito-5(1)(1), M/S Ardh Metal Alloys Pvt. Ltd. Room No. 570, 5Th Floor, 205, Dhiraj Bhavan, 175/177 Aayakar Bhavan, M.K. Road, Vs. Kika Street, Gulal Wadi, Mumbai-400020. Mumbai-400002. Pan: Aabca3902F Appellant Respondent Appellant By : Shri Rajesh Kumar Yadav (Dr) Respondent By : Shri Rajesh Chamaria (Ar) Date Of Hearing : 26.07.2018 Date Of Pronouncement : 26.07.2018 Order Under Section 254(1)Of Income Tax Act Per Bench; 1. These Two Appeal By Revenue Under Section 253 Of The Income-Tax Act (The Act) Are Directed Against The Separate Order Of Ld. Commissioner Of Income-

For Appellant: Shri Rajesh Kumar Yadav (DR)For Respondent: Shri Rajesh Chamaria (AR)
Section 143(1)Section 147Section 148Section 253Section 254(1)Section 69C

facts of the case, we are of the view that in order to fulfill the gap of revenue leakage, the disallowance of alleged bogus purchases @12.5% would meet the end of justice. 7 ITA No. 158 & 159 Mum 2016-Ms Ardh Metal Alloys Pvt. Ltd. Therefore, we direct the assessing ... officer to restrict the disallowance of bogus purchases @12.5 % of the impugned (disputed) purchases. 11. In the result, appeal of the revenue is partly allowed. Order pronounced in the open court on 26.07.2018. N.K. PRADHAN PAWAN SINGH ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Date: 26 .07.2018 SK Copy of the Order

Anil Dadarao Garad, Ambernath vs. Income Tax Officer Ward 2(1), Kalyan

In the result, appeal of the assessee is partly allowed

ITA 6162/MUM/2017[2010-11]Status: DisposedITAT Mumbai24 Jul 2018AY 2010-11

Bench: Shri Pawan Singh & Shri N.K. Pradhanshri Anil Dadarao Garad Ito Ward 2(1), 1St Floor, Mohan Plaza, Prop. M/S Shivjeet Chemicals/Shivani Chemicals, Vs. Wayle Nagar, Khadakpada, W-34, Morival, Midc, Kalyan-421301. Ambernath-421501. Pan: Aazpg8732G Appellant Respondent Ito Ward 2(1), Shri Anil Dadarao Garad 1St Floor, Mohan Plaza, Prop. M/S Shivjeet Wayle Nagar, Khadakpada, Vs. Chemicals/Shivani Chemicals, Kalyan-421301. W-34, Morival, Midc, Ambernath-421501. Pan: Aazpg8732G Appellant Respondent Appellant By : Shri S.M. Makhija (Ar) Respondent By : Shri Rajesh Kumar Yadav (Dr) Date Of Hearing : 24.07.2018 Date Of Pronouncement : 24.07.2018 Order Under Section 254(1)Of Income Tax Act Per Pawan Singh; 1. These Cross Appeal Are Directed Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-3, Thane [Ld. Cit(A)] Dated 13.07.2007 For Assessment Year 2010-11. The Assessee Has Raised The Following Grounds

For Appellant: Shri S.M. Makhija (AR)For Respondent: Shri Rajesh Kumar Yadav (DR)
Section 143(1)Section 147Section 148Section 254(1)

dealer. 2. Without Prejudice to the above appellant submits that Ld CIT (appeals) has seriously erred in confirming the addition @ 15% of the alleged bogus purchases without appreciating that i) As decided by various judicial forums under situations alike of the assessee what is to be added is the profit ... element embedded in the transaction which in assesee's case is 3.8% only. ii) That assessee has paid VAT on alleged bogus purchase to the Maharastra VAT Authorities @12.5%, deduction for which has to be allowed while making addition. iii) Assessee has already declared Gross Profit on all the purchase