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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 27(2), Navi Mumbai vs. Polyplast & Paper Product, Mumbai

In the result, Revenue’s appeal is partly allowed and the assessee’s appeal is dismissed

ITA 1024/MUM/2016[2011-12]Status: DisposedITAT Mumbai11 May 2018AY 2011-12

Bench: Shri Saktijit Dey, Jm & Shri N. K. Pradhan, Am आयकर अपील सं./I.T.A. No.1024/Mum/2016 ("नधा"रण वष" / Assessment Year: 2011-12) The Asst. Cit-27(2) M/S. Polyplast & Paper Product, Room No. 420, 4Th Floor, 322/9, Trimurti Housing Society, बनाम/ Tower No. 6, Vashi Railway Station Hingwala Lane, Ghatkopar (E), Complex, Vashi, Mumbai-400 077 Vs. Navi Mumbai-400 703 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaefp 7401 Q (Revenue) : (Assessee) आयकर अपील सं./I.T.A. No.1241/Mum/2016 ("नधा"रण वष" / Assessment Year: 2011-12) M/S. Polyplast & Paper Product, The Asst. Cit-27(2) Room No. 420, 4Th Floor, 322/9, Trimurti Housing Society, बनाम/ Hingwala Lane, Ghatkopar (E), Tower No. 6, Vashi Railway Mumbai-400 077 Station Complex, Vashi, Vs. Navi Mumbai-400 703 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaefp 7401 Q (Assessee) : (Revenue) : Shri Y. K. Bhaskar Revenue By Assessee By : Shri Anuj Kisnadwalla सुनवाई क" तार"ख / : 07.05.2018 Date Of Hearing घोषणा क" तार"ख / : 11.05.2018 Date Of Pronouncement M/S. Polyplast & Paper Product आदेश / O R D E R Per Saktijit Dey, J. M.: The Afore-Said Cross Appeals Arise Out Of Order Dated 30.12.2015 Of The Ld. Commissioner Of Income Tax (Appeals)-25, Mumbai Pertaining To The Assessment Year 2011-12. 2. The Common Issue Arising For Consideration In These Appeals Pertain To The Decision Of The Ld. Commissioner Of Income Tax (Appeals) In Deleting/Sustaining Part Of The Addition Made By The Assessing Officer On Account Of Alleged Bogus Purchases.

For Appellant: Shri Anuj Kisnadwalla
Section 133(6)Section 69C

decision of the ld. Commissioner of Income Tax (Appeals) in deleting/sustaining part of the addition made by the Assessing Officer on account of alleged bogus purchases. 3. Briefly the facts are that the assessee, a company is a wholesale trader in plastic granules, packing bags and tubing rolls ... gross profit rate of 1.5% for the year under consideration, he held that the same gross profit rate should also be applied to the bogus purchases for making the addition. Accordingly, he sustained addition of Rs.64,99,690/-, being 1.5% of the alleged bogus purchases. As regards the addition made

ITO 19(1)(2), Mumbai vs. Babulal U Munot, Mumbai

In the result, the appeal filed by the revenue is hereby ordered to be dismissed

ITA 4506/MUM/2015[2010-11]Status: DisposedITAT Mumbai11 May 2018AY 2010-11

Bench: Shri Rajendra, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.4506/Mum/2015 (निर्धारण वर्ा / Assessment Year: 2010-11) The Ito-19(1)(2), Mumbai, बिधम/ Shri Babulal U Munot 2Nd Floor, Matru Mandir, Prop. M/S. Steel Samrat Vs. (India) Flat No. 1901-A, 19Th Tardeo Road, Mumbai- 400007 Floor, Shreepati Tower, A Wing, Tatya Gharpure Path, Girgaon Mumbai-04 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aftpm5429H (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri T. A. Khan (Dr) Assessee By: None सुनवाई की तारीख / Date Of Hearing: 26.03.2018 घोषणा की तारीख /Date Of Pronouncement: 11.05.2018 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 15.05.2015 Passed By The Commissioner Of Income Tax (Appeals) -30, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2010- 11. 2. The Revenue Has Raised The Following Grounds: - “(1) Whether, On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Restricting The Addition To The Extent Of 7.5% Of Non-Genuine Purchase Claimed By The Assessee A.Y.2010-11

For Appellant: NoneFor Respondent: Shri T. A. Khan (DR)
Section 133(6)Section 143(1)Section 143(2)Section 69C

Rajeev G. Kalathil in ITA Nos. 6727/Mum/2Q12 and CO No. OG/Mum/2014 where vide order dated 20-08-2014, the addition made on account of bogus purchases were deleted. However, I find that the finding of the Hon'ble ITAT is based on the peculiar facts of the case ... authorities below, no question of law arises for this Court to interfere." 2.4.16 Hon’ble Allahabad High Court while dealing with the issue of bogus purchase in the case of Sri Ganesh Rice Mills v. Commissioner of Income-tax [2007] 294 ITR 316 (ALL.) held as under ''Where Assessing Officer