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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

Dharendra Babulal Mehta, Thane vs. ITO Ward - 4(1), Thane

In the result, assessee’s appeal is partly allowed for statistical purposes

ITA 6439/MUM/2016[2009-10]Status: DisposedITAT Mumbai23 May 2018AY 2009-10

Bench: Shri Saktijit Dey, Jm & Shri N. K. Pradhan, Am आयकर अपील सं./I.T.A. No.6439/Mum/2016 ("नधा"रण वष" / Assessment Year: 2009-10) Dharendra Babulal Mehta Ito Ward 4(1), बनाम/ 6/B, New Sangam Building, Thane Sreepal Complex, Virar (West), Vs. Mumbai-401 202 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Afcps 7516 N (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Bhupendra Shah ""यथ" क" ओर से/Respondent By : Shri Anoop Hiwase सुनवाई क" तार"ख / : 07.05.2018 Date Of Hearing घोषणा क" तार"ख / : 23.05.2018 Date Of Pronouncement आदेश / O R D E R Per Saktijit Dey, J. M.: This Is An Appeal By The Assessee Against The Order Dated 01.08.2016 Of The Commissioner Of Income Tax (Appeals)-3, Thane, For The Assessment Year 2009-10. 2. Briefly The Facts Are That The Assessee An Individual Is Stated To Be A Wholeseller In Iron & Steel Goods Through His Proprietary Concern M/S. Padman Enterprises. For The Assessment Year Under Dispute, The Assessee Filed His Return Of Income On 30.09.2009 Declaring Total Income Of Rs.2,77,220/-. The Return Of Income Filed By The 2 Dharendra Babulal Mehta Assessee Was Initially Processed U/S. 143(1) Of The Income Tax Act, 1961. Subsequently, The Assessing Officer On The Basis Of Information Received From The Maharashtra Sales Tax Department Found That The Purchases Worth Rs.1,02,54,663/-

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Anoop Hiwase
Section 133(6)Section 143(1)Section 144Section 147Section 148

been made from 13 parties were not genuine, as the Maharashtra Sales Tax Department have found those parties to be providing accommodation entries/bills towards bogus purchases without physical delivery of goods. As per the information received, one of the beneficiaries of such accommodation entries/bills is the present assessee. He also ... above, this ground is deemed as not pressed, hence, dismissed. 7. Ground nos. 2 to 7 are against the addition made on account of bogus purchases. Advancing his arguments in respect of these grounds, the ld. Counsel of the assessee submitted that the assessee had purchased the goods from

Pankaj Kishor Shah, Mumbai vs. ITO 25(2)(2), Mumbai

In the result, this appeal filed by the assessee stand partly allowed

ITA 966/MUM/2017[2011-12]Status: DisposedITAT Mumbai21 May 2018AY 2011-12

Bench: Shri Shamim Yahya, Am आयकर अपील सं./I.T.A. No. 966/Mum/2017 ("नधा"रण वष" / Assessment Year: 2011-12) Shri Pankaj Kishor Shah Ito-25(2)(2), बनाम/ 7/8, Neel Kamal, Pratyakshakar Bhawan, Roshan Nagar, Borivali (W), Bandra Kurla Complex, Bandra (E), Vs. Mumbai-400 092 Mumbai-400 051 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Acpps 1076 B (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : None ""यथ" क" ओर से/Respondent By : Ms. Hemalatha N. सुनवाई क" तार"ख / : 05.03.2018 Date Of Hearing घोषणा क" तार"ख / : 21.05.2018 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Appeal By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) Dated 30.12.2016 & Pertains To Assessment Year 2011-12. 2. The Grounds Of Appeal Read As Under: I. 1. The Commissioner Of Income Tax(Appeal) - 44 ("The Cit (A)") Erred In Confirming The Assessment Order Passed U/S 143(3) Of The Income Tax Act, 1961 ('The Act') Without Affording The Appellant A Proper Opportunity Of Cross Examination.

For Appellant: NoneFor Respondent: Ms. Hemalatha N
Section 143(3)Section 234B

individual engaged in the business of manufacturing of spring steel sheet metal components. This ground relates to disallowance of Rs 11,74,608/- as bogus purchases and consequent addition of the same amount. The Assessing Officer has received information from the Sales Tax department that the assessee has shown purchases ... sales. He proceeded to hold that the disallowance should be restricted to 17.5% of the gross profit shown by the assessee, on the bogus purchase. 7. Against the above order, the assessee is in appeal before the ITAT. 8. I have heard the learned departmental representative. None appeared on behalf