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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

DCIT CC 3(1) Cen RG 3, Mumbai vs. Windworld (India) Ltd, Mumbai

The appeal of the revenue is dismissed in terms of our aforesaid observations

ITA 5714/MUM/2015[2006-07]Status: DisposedITAT Mumbai17 Jan 2018AY 2006-07

Bench: Shri B.R.Baskaran, Am & Shri Ravish Sood, Jm आयकर अपील सं./ I.T.A. No.5714/Mum/2015 (निर्धारण वर्ा / Assessment Year: 2006-07) Dcit. C.C.-3(1), M/S Wind World (India) Limited Room No. 402, 4Th Floor, (Formerly Known As Enercon Aayakar Bhavan, बिधम/ (India) Ltd. A-9, Enercon Tower, M.K. Road Veera Desai Road, Veera Vs. Mumbai- 20 Industrial Estate, Andheri (West) Mumbai-400053 स्थायीलेखासं./जीआइआरसं./ Pan/Gir No. Aaace0319D (अपीलाथी/Revenue) (प्रत्यथी /Assessee) :

For Appellant: Shri A.K. Ghosh, A.RFor Respondent: Shri V. Vidhyadhar, D.R
Section 115JSection 132Section 132(4)Section 143(3)Section 147Section 80I

fully and truly all material facts ignoring the fact that the Directors and the employees of the assessee company accepted the bogus expenditure and bogus purchase during the search and also the assessee company was unable to produce the books of account. 2. On the facts and in the circumstances ... dated 25.03.2013 that a search u/s 132 of the I.T. Act was carried out on the assessee on 14.03.2013. This information reveals that the bogus purchase for the period pertaining to F Y 2009 -10 to 2011-12 formed an average 1.04% of turnover. So, considering, turnover

Sanjay Mishrimal Mehta, Mumbai vs. ACIT Cir. - 2, Thane

Appeal stands partly allowed in terms of our above order

ITA 6460/MUM/2016[2009-10]Status: DisposedITAT Mumbai10 Jan 2018AY 2009-10

Bench: Shri Joginder Singh, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./I.T.A. No.6460/Mum/2016 (िनधा"रण वष" / Assessment Year: 2009-10) Sanjay Mishrimal Mehta Assistant Commissioner Of 202, Maa Encor Income Tax Circle-2 बनाम/ Opp. Purnima Hospital Thane Vs. Daulat Nagar, Road No.8 Borivali(E), Mumbai-400 066 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Adupm-0256-H (अपीलाथ" /Appellant) (""थ" / Respondent) : Assessee By : Jitesh Bhageria, Ld.Ar Revenue By : Ram Kumar Tiwari, Ld. Dr सुनवाई की तारीख / : 13/12/2017 Date Of Hearing घोषणा की तारीख / : 10/01/2018 Date Of Pronouncement आदेश / O R D E R

For Appellant: Jitesh Bhageria, Ld.ARFor Respondent: Ram Kumar Tiwari, Ld. DR
Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

during hearing before us and hence the same stands dismissed as being not pressed. The sole surviving ground contest estimated additions against certain alleged bogus purchases made by the assessee. The assessment for impugned AY was framed by Ld. Assistant Commissioner of Income Tax Circle-2, Thane ... engaged as civil work contractors was assessed u/s 143(3) read with Section 147 at Rs.90,90,170/- after sole addition of certain alleged bogus purchases for Rs.40,26,370/- as against returned income of Rs.50,63,802/- filed by the assessee. Statutory notices u/s 143(2) and 147 were

Om Developers, Navi Mumbai vs. DCIT 15(3), Mumbai

Appeal stands partly allowed

ITA 131/MUM/2016[2010-11]Status: DisposedITAT Mumbai10 Jan 2018AY 2010-11

Bench: Shri Joginder Singh, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./I.T.A. No.131/Mum/2016 (िनधा"रण वष" / Assessment Year: 2010-11) Om Developers Deputy Commissioner Of बनाम/ Office No.14, Mahavir Centre Income Tax 15(3) Sector No.17, Vashi Mumbai Vs. Navi Mumbai-400 705 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaafo-9862-A (अपीलाथ" /Appellant) (""थ" / Respondent) : Assessee By : Devendra Jain,Ld. Ar Revenue By : Rajat Mittal, Ld. Dr सुनवाई की तारीख / : 06/12/2017 Date Of Hearing घोषणा की तारीख / : 10/01/2018 Date Of Pronouncement आदेश / O R D E R Per Manoj Kumar Aggarwal ()

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

Income-Tax (Appeals)-26 CIT(A)], Mumbai, Appeal No. CIT(A)-26/IT/771/13-14 dated 16/10/2015 qua confirmation of certain additions on account of alleged bogus purchases. The assessment for impugned AY was framed by Ld. Deputy Commissioner of Income Tax-15(3), Mumbai [AO] u/s 143(3) of ITA.No.131/Mum/2016 ... 20/03/2013. The sole ground raised in the appeal reads as under:- The Ld. CIT(A) has erred in restricting the disallowance of alleged bogus purchase made by the A.O only to the extent of Rs.27,89,100/- ( i.e Gross Profit @ 23.42% of the alleged bogus purchases). The addition retained

Saryu Properties and Hotels P.Ltd, Mumbai vs. DCIT CC 4(2), Mumbai

In the result this appeal by the assessee stands dismissed

ITA 5674/MUM/2016[2011-12]Status: DisposedITAT Mumbai04 Jan 2018AY 2011-12

Bench: Shri Shamim Yahya, Am & Shri Sandeep Gosain, Jm आयकर अपील सं./I.T.A. No.5674/Mum/2016 ("नधा"रण वष" / Assessment Year: 2011-12) M/S. Saryu Properties & Hotels Pvt. Dcit-Cc 4(2), 19Th Floor, Air India Building, Ltd. बनाम/ Plot No. 25, Girnar, ‘B’Wing, Nariman Point, Mumbai-400 021 Vs. 1St Floor, Pali Mala Road, Pali Hill, Bandra (W), Mumbai-400 050 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacs 6983 M (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Sunil K. Ramaro & Shri Vinay Sinha ""यथ" क" ओर से/Respondent By : Shri M. V. Rajguru सुनवाई क" तार"ख / : 02.11.2017 Date Of Hearing घोषणा क" तार"ख / : 04.01.2018 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Appeal By The Assessee Is Directed Against Order Of The Ld. Commissioner Of Income Tax (Appeals)-52, Mumbai Dated 30.06.2016 & Pertains To Assessment Year 2011-12. 2. The Grounds Of Appeal Read As Under: 1. The Learned Cit (A) Erred In Not Admitting The Additional Grounds Relating To Disallowance U/S I4-A Holding That The Said Disallowance Was In The Original

For Appellant: Shri Sunil K. Ramaro &For Respondent: Shri M. V. Rajguru
Section 14Section 143(3)Section 14A

r.w.s. 147 is bad in law. 2. The Learned Assessing Officer erred in making an addition Rs.65,29,714/- on account of alleged bogus purchases of goods made from 12 parties. 3. The Learned Assessing Officer failed to appreciate (i) that the payment for the said purchases had been made ... deleted. 6. The learned AO erred in making an addition of -Rs.65,29,714/-being disallowance made on account of alleged bogus purchases to the book profit. 7. The learned Assessing Officer erred in disallowing an amount

Rhein Chemicals Private Limited, Mumbai vs. Income Tax Officer, Ward 1(3), Kalyan

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

ITA 4655/MUM/2017[2010-11]Status: DisposedITAT Mumbai03 Jan 2018AY 2010-11

Bench: Shri Shamim Yahyaआयकर अपील सं./I.T.A. Nos. 4655 & 4656/Mum/2017 ("नधा"रण वष" / Assessment Year: 2010-11 & 2009-10) Rhein Chemicals Private Limited Ito, Ward 1(3), बनाम/ Plot No. 2, Midc, Kalyan Opp. Maliram Makharia, Badlapur Vs. (E), Kalyan-421 503 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacr 8210 L (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri R. C. Jain ""यथ" क" ओर से/Respondent By : Ms. N. Hemalatha सुनवाई क" तार"ख / : 09.10.2017 Date Of Hearing घोषणा क" तार"ख / : 03.01.2018 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: These Are Appeals By The Assessee Against The Common Order Of The Commissioner Of Income Tax (Appeals) For The Assessment Years 2009-10 & 2010- 11. 2. The First Common Issue Relates To The Validity Of Reopening & The Second Common Issue Relates To The Confirmation Of Disallowance Of 100% Of Bogus Purchase Rhein Chemicals Private Limited Vs. Ito Amounting To Rs.2,90,784/- For Assessment Year 2009-10 & Rs.1,20,089/- For Assessment Year 2010-11. 3. Brief Facts Of The Case Are As Under: In These Years, The Assessing Officer Had Received Information From The Sales

For Appellant: Shri R. C. JainFor Respondent: Ms. N. Hemalatha
Section 147Section 148

first common issue relates to the validity of reopening and the second common issue relates to the confirmation of disallowance of 100% of bogus purchase Rhein Chemicals Private Limited vs. ITO amounting to Rs.2,90,784/- for assessment year 2009-10 and Rs.1,20,089/- for assessment year ... 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. However, the facts