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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 19(2)(5), Mumbai vs. Pratapram G Choudhary, Mumbai

In the result, both the appeals are dismissed

ITA 3253/MUM/2017[2010-11]Status: DisposedITAT Mumbai01 Jun 2018AY 2010-11

Bench: Shri Saktijit Dey, Jm & Shri N. K. Pradhan, Am आयकर अपील सं./I.T.A. Nos. 3413/Mum/2017 ("नधा"रण वष" / Assessment Year: 2010-11) Pratapram Choudhary Ito-19(2)(5), बनाम/ Room No. 103/55, 60 Shree Swami Room No. 210, Matru Mandir, Samarth, 2Nd Kumbharwada Lane, Tardeo Road, Mumbai-400 007 Vs. Mumbai – 400 004 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Agspc 8984 F (Assessee) : (Revenue) & आयकर अपील सं./I.T.A. Nos. 3253/Mum/2017 ("नधा"रण वष" / Assessment Year: 2010-11) Ito-19(2)(5), Pratapram Choudhary बनाम/ Room No. 210, Matru Mandir, Room No. 103/55, 60 Shree Swami Samarth, 2Nd Kumbharwada Lane, Tardeo Road, Mumbai-400 007 Vs. Mumbai – 400 004 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Agspc 8984 F (Revenue) : (Assessee) अपीलाथ" क" ओर से / Appellant By : Shri Saurabh Desh Pandey ""यथ" क" ओर से/Respondent By : Shri Gautam Salechan सुनवाई क" तार"ख / : 08.05.2018 Date Of Hearing घोषणा क" तार"ख / : 01.06.2018 Date Of Pronouncement आदेश / O R D E R Per Saktijit Dey, J. M.: The Aforesaid Cross Appeals By The Department & The Assessee Arise Out Of The Order Dated 09.02.2017 Of Ld. Commissioner Of Income Tax (Appeals) – 29, Mumbai For The Assessment Year 2010-11. 2. The Only Dispute Between The Parties Is With Regard To The Addition Made On Account Of Bogus Purchases.

For Appellant: Shri Saurabh Desh PandeyFor Respondent: Shri Gautam Salechan
Section 133(6)Section 143(1)Section 147

Mumbai for the assessment year 2010-11. 2. The only dispute between the parties is with regard to the addition made on account of bogus purchases. 3. Briefly the facts are, the assessee an individual is engaged in the business of trading in ferrous and non-ferrous metals through ... added to the income of the assessee. Accordingly, he directed the Assessing Officer to restrict the addition to 12.5% of the alleged bogus purchases. 7. Being aggrieved of the aforesaid decision of the ld. CIT(A), both the assessee and the Revenue are in appeal before us. 8. We have

Mohd Rizwan Mohd Kallan Khan, Mumbai vs. Income Tax Officer 26(3)(4), Mumbai

In the result, appeal filed by assessee is partly allowed

ITA 1141/MUM/2018[2009-10]Status: DisposedITAT Mumbai31 May 2018AY 2009-10

Bench: Shri G.S. Pannu & Shri Pawan Singhmd. Rizwan Mohd Kallan Ito 26(3)(4) Room No. 711, 7Th Floor, Khan, Plot No. 603, Flat No.13, Bldg No. 7 D, Bombay Taxi C-11, Pratyakshakar Bhavan, Men’S Co-Operative Society, Vs. Bandra (East), Mumbai-51. Lbs Marg, Kurla (West), Mumbai-400070 Pan: Agjpk2270K Appellant Respondent Appellant By : Shri Vimal Punmiya (Ar) Respondent By : Shri Rajesh Kumar Yadav (Ar) Date Of Hearing :25.04.2018 Date Of Pronouncement : 31.05.2018 Order Per Pawan Singh; 1. The Instant Appeal By Assessee Under Section 253 Of The Income-Tax Act (The Act) Is Directed Against The Order Of Ld. Commissioner Of Income-Tax

For Appellant: Shri Vimal Punmiya (AR)For Respondent: Shri Rajesh Kumar Yadav (AR)
Section 143Section 143(1)Section 143(3)Section 145(3)Section 147Section 148Section 234ASection 253Section 274Section 3

genuine. The assessing officer made the addition of Rs. 36,42,101/-, being 12.50% of the alleged bogus purchases. Aggrieved by the order of AO, the assessee filed appeal before the ld. CIT(A). The ld. CIT(A) upheld the re-opening and enhance the addition from ... alleged bogus purchases. Thus, further aggrieved by the order of ld. CIT(A), the assessee has filed the present appeal before us. The assessee has raised following grounds of appeal. 1. On the facts and circumstances of the case and in law the Ld CIT(A) erred in confirming