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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

Aas Mohammed Khan, Mumbai vs. ITO 26(1)(1), Mumbai

In the result, this appeal filed by the assessee stands dismissed

ITA 1758/MUM/2017[2009-10]Status: DisposedITAT Mumbai06 Feb 2018AY 2009-10

Bench: Shri Shamim Yahyaआयकर अपील सं./I.T.A. No.1758/Mum/2017 ("नधा"रण वष" / Assessment Year: 2009-10) Aas Mohammed Khan Income Tax Officer 26(1)(1), (Prop. Perfect Steel Corporation) Mumbai बनाम/ Gala No. 503, Gulab Shah Estate, 2Nd Gali, Near Kurla Bus Depot Lbs Vs. Marg, Kurla (W), Mumbai-400 070 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaapm 7494 C (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Ramkumar Prajapati ""यथ" क" ओर से/Respondent By : Ms. Hemalatha सुनवाई क" तार"ख / : 27.11.2017 Date Of Hearing घोषणा क" तार"ख / : 06.02.2018 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Appeal By The Assessee Is Directed Against Order Of Ld. Commissioner Of Income Tax (Appeals) Dated 26.12.2016 & Pertains To Assessment Year 2009-10. 2 Aas Mohammed Khan Vs. Ito 2. The Issue Raised Is That Ld. Commissioner Of Income Tax (Appeals) Erred In Sustaining Disallowance Of 12.5 %Percent Of Bogus Purchase Amounting To Rs.12,94,464/-.

For Appellant: Shri Ramkumar PrajapatiFor Respondent: Ms. Hemalatha
Section 133(6)Section 143(3)Section 147Section 148

Mohammed Khan vs. ITO 2. The issue raised is that ld. Commissioner of Income Tax (Appeals) erred in sustaining disallowance of 12.5 %percent of bogus purchase amounting to Rs.12,94,464/-. 3. The brief facts of the case are that the proceedings u/s.147/148 were initiated in this case after recording ... assessee by CIT-21, Mumbai from Sales Tax Department through Office of DGIT(Inv.), Mumbai that the assessee had taken entries of bogus purchase through the havala parties. The case was reopened u/s. 147 of the IT Act. Notice u/s. 148 of the IT Act, 1961 was issued

Ambernath Steel Tube and Sanitary Store, Mumbai vs. Income Tax Officer 2(1), Kalyan

In the result, this appeal by the assessee stands partly allowed

ITA 5858/MUM/2017[2009-10]Status: DisposedITAT Mumbai05 Feb 2018AY 2009-10

Bench: Shri Shamim Yahyaआयकर अपील सं./I.T.A. No.5858/Mum/2017 ("नधा"रण वष" / Assessment Year: 2009-10) M/S. Ambernath Steel Tube & Ito, Ward 2(1), बनाम/ Sanitary Store Kalyan, Partner – Shri Vimal Adhia Dist. Thane Vs. Station Road, Ambarnath (W)-421 501 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aahfa 7639 L (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Ajay R. Singh ""यथ" क" ओर से/Respondent By : Ms. N. Hemalatha सुनवाई क" तार"ख / : 16.11.2017 Date Of Hearing घोषणा क" तार"ख / : 05.02.2018 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Appeal By The Assessee Is Directed Against The Order By The Commissioner Of Income Tax (Appeals) Dated 03.07.2017 & Pertains To The Assessment Year 2009- 10. 2. The First Issue Raised Pertains To The Validity Of Reopening. At The Outset, The Ld. Counsel Of The Assessee Submitted That He Shall Not Be Pressing For This Ground. Accordingly, This Ground Is Dismissed As Not Pressed.

For Appellant: Shri Ajay R. SinghFor Respondent: Ms. N. Hemalatha
Section 133(6)

Sanitary Store vs. ITO 3. The next issue raised is that the ld. Commissioner of Income Tax (Appeals) erred in upholding the disallowance of bogus purchase amounting to Rs.1,43,345/-. 4. Brief facts of the case are as under: In this case, the Assessing Officer observed that during ... Court in the case of Nikunj Eximp Enterprises (in writ petition no 2860, order dt. 18.6.2014), when sales are not doubted 100% disallowance of bogus purchase cannot be done. However, the facts of the present case indicate that assessee has made purchase from the grey market. Making purchases through

Parth Tradelinks Private Limited, Mumbai vs. Income Tax Officer-13(1)(3), Mumbai

In the result, these appeals filed by the assessee stand dismissed

ITA 5482/MUM/2017[2010-11]Status: DisposedITAT Mumbai05 Feb 2018AY 2010-11

Bench: Shri Shamim Yahyaआयकर अपील सं./I.T.A. Nos.5482 & 5483/Mum/2017 ("नधा"रण वष" / Assessment Years: 2010-11 & 2011-12) M/S. Parth Tradelinks Pvt. Ltd. The Income Tax Officer – 13(1)(3) बनाम/ B-1602, Kailash Tower, M. G. Road, Aaykar Bhawan, M. K. Road, Vs. Kandivali (W), Mumbai-400 067 Mumbai-400 020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacf 6609 H (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : None ""यथ" क" ओर से/Respondent By : Smt. N. Hemlatha सुनवाई क" तार"ख / : 28.11.2017 Date Of Hearing घोषणा क" तार"ख / : 05.02.2018 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: These Appeals By The Assessee Are Directed Against The Respective Order Of The Commissioner Of Income Tax (Appeals) For Assessment Years 2010-11 & 2011-12 Respectively.

For Appellant: NoneFor Respondent: Smt. N. Hemlatha
Section 131Section 133(6)

respectively. 2. The common issue raised is that the ld. Commissioner of Income Tax (Appeals) erred in sustaining the disallowance of 6% respectively of bogus purchase. M/s. Parth Tradelinks Pvt. Ltd. 3. Since the facts are identical, facts and figures from assessment year 2010-11 are being referred here ... Commissioner of Income Tax (Appeals) confirmed the M/s. Parth Tradelinks Pvt. Ltd. action of the assessing officer in making addition of 6% of the bogus purchase by observing as under: 6. I have considered the submissions of the Ld. AR. Contrary to the appellant's submission that no notices

Shakeeluddin Siddiqui, Mumbai vs. Income Tax Officer-2(4), Thane

In the result, these appeals filed by the assessee stand partly allowed

ITA 5118/MUM/2017[2009-10]Status: DisposedITAT Mumbai05 Feb 2018AY 2009-10

Bench: Shri Shamim Yahyaआयकर अपील सं./I.T.A. Nos. 5118 To 5120/Mum/2017 ("नधा"रण वष" / Assessment Years: 2009-10 To 2011-12) Shri Shakeeluddin Siddiqui Ito-2(4), Room No. 29, A-Wing, 6Th Floor, 603, Gulmohar Co-Op. Hsg. Society, बनाम/ Saraswati Tower, Naya Nagar, Ashar I. T. Park, Road No. 16-Z, Vs. Ganga Complex, 60 Feet Road, Wagle Indl. Estate, Thane-400 604 Mira Road (E), Dist. Thane-400 107 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Ajwps 5271 N (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Bhupendra Shah ""यथ" क" ओर से/Respondent By : Ms. N. Hemalatha सुनवाई क" तार"ख / : 16.11.2017 Date Of Hearing घोषणा क" तार"ख / : 05.02.2018 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: These Are Appeals By The Assessee Directed Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals) Dated 02.05.2017 & Pertain To The Aforesaid Three Assessment Years.

For Appellant: Shri Bhupendra ShahFor Respondent: Ms. N. Hemalatha
Section 133(6)Section 148

aforesaid three assessment years. 2. The issue raised is that the ld. Commissioner of Income Tax (Appeals) erred in sustaining disallowance of 100% of bogus purchase. An additional ground has been raised challenging the validity of reopening. Shri Shakeeluddin Siddiqui vs. ITO 3. Since the facts are identical reference ... Assessing Officer from DGIT Investigation (Mumbai) there are some parties who are engaged in the hawala transactions and are also involved in issuing bogus purchase bills for sale of material without delivery of goods, which information was based on information received by Revenue from Maharashtra Sales Tax Authority. Information

Rapar Trading Private Limited, Mumbai vs. Income Tax Officer-8(1)(1), Mumbai

In the result, this appeal by the assessee stands allowed for statistical purposes

ITA 4354/MUM/2017[2010-11]Status: DisposedITAT Mumbai05 Feb 2018AY 2010-11

Bench: Shri Shamim Yahyaआयकर अपील सं./I.T.A. No.4354/Mum/2017 ("नधा"रण वष" / Assessment Year: 2010-11) Rapar Trading Private Limited Ito, Ward 8(1)(1), बनाम/ 68/70, Room No. 1, Darjiwala Bldg., Aayakar Bhavan, V.V. Chandan Street, Vadgadi, Mumbai Vs. Mumbai-400 018 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aadcr 4677 E (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : None ""यथ" क" ओर से/Respondent By : Ms. N. Hemalatha सुनवाई क" तार"ख / : 15.11.2017 Date Of Hearing घोषणा क" तार"ख / : 05.02.2018 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Appeal By The Assessee Is Directed Against The Order By The Commissioner Of Income Tax (Appeals) Dated 21.03.2017 & Pertains To The Assessment Year 2010- 11. 2. The Grounds Of Appeal Read As Under: 1. On The Facts & In The Circumstances Of The Case & In Law, The Commissioner Of Income Tax Officer, Appeals 14, Mumbai, Hereinafter Referred To As The Ld. Cit (A), Has Erred In Law In Confirming 100% Addition In 2 Rapar Trading Private Limited Vs. Ito Respect Of Hawala Purchases Of Rs.35,27,193/-. The Said Addition May Please Be Deleted. 2. Without Prejudice To The Above, The Addition If Any In Respect Of Such Purchases May Be Restricted To Gross Profit Only.

For Appellant: NoneFor Respondent: Ms. N. Hemalatha
Section 133(6)

find that in this case the sales have not been doubted. It is settled law that when sales are not doubted, 100% disallowance for bogus purchase cannot be done. This proposition is supported from Hon’ble jurisdictional High Court decision in the case of Nikunj Eximp Enterprises (in writ petition ... exchequer. In such situation, in my considered opinion, on the facts and circumstances of the case the 12.5% disallowance out of the bogus purchases meets the ends of justice. This is following the decision of the Hon’ble Gujarat High Court in the case of Simit P. Sheth

ITO 19(3)(5), Mumbai vs. Vinodkumar S. Bhojania, Mumbai

Appeal stands allowed

ITA 4447/MUM/2016[2010-11]Status: DisposedITAT Mumbai31 Jan 2018AY 2010-11

Bench: Shri Mahavir Singh, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./I.T.A. No. 4043/Mum/2016 (िनधा"रण वष" / Assessment Year: 2010-11) Vinodkumar Santlal Bhojania Income Tax Officer 5(1)(1) 302,Kamla Hub, Plot No.53 It Main Office बनाम/ Near Costa Coffee Restaurant, Mumbai – 400 020 Vs. Jvpd Scheme,Juhu Vile Parle(W), Mumbai – 49 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aahpb-9402-A (अपीलाथ" /Appellant) (""थ" / Respondent) : & आयकर अपील सं./I.T.A. No. 4447/Mum/2016 (िनधा"रण वष" / Assessment Year: 2010-11) Income Tax Officer 19(3)(5) Vinodkumar Santlal Bhojania Compair Equipments Co. 2Nd Floor, Matru Mandir बनाम/ 2,Aman Chambers Tardeo Road 1S T Floor,113 Vs. Mumbai – 400 007 Mama Parmanand Marg Mumbai – 400 004 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aahpb-9402-A (अपीलाथ" /Appellant) (""थ" / Respondent) :

For Appellant: Satish Mody, Ld. ARFor Respondent: Rajat Mittal, Ld. DR
Section 133(6)Section 143(3)

Lacs filed by the assessee on 30/09/2010. The issue under revenue’s appeal is allowance of certain commission payments and certain addition against alleged bogus purchases. 2.2 During assessment proceedings, it was noted that the assessee paid commission of Rs.1,38,900/- to his son namely Rishabh Bhojania which ... disallowed for want of genuineness. 2.3 The second addition pertained to addition on account of alleged bogus purchases. Pursuant to receipt of certain information from DGIT Assessment Year 2010-11 (investigation), it was noted that the assessee stood beneficiary of bogus purchase bills of Rs.66,57,258/- from an entity