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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 10(1)(2), Mumbai vs. Karamtara Steel P.Ltd, Mumbai

In the result, the appeal filed by the Revenue and the 1st ground of appeal of the assessee are allowed for statistical purposes

ITA 4642/MUM/2015[2011-12]Status: DisposedITAT Mumbai24 Nov 2017AY 2011-12

Bench: Shri Mahavir Singh () & Shri N.K. Pradhan () Assessment Year: 2011-12 Dcit-10(1)(2) M/S Karamtara Steel Pvt. R.No. 209, Aayakar Vs. Ltd. , 705, Morya Land Bhavan, Mark-Ii, New Link Road, M.K. Road, Andheri(W), Mumbai-400020. Mumbai-400053. Pan No. Aacck5915D Appellant Respondent Assessment Year: 2011-12 M/S Karamtara Steel Dcit (Osd)-8(2) Pvt. Ltd.705, Morya Vs. Aayakar Bhavan, 2Nd Land Mark-Ii New Link Floor R.No. 204, M.K. Road, Andheri(W), Road, Mumbai-400053. Mumbai-400020. Pan No. Aacck5915D Appellant Respondent Revenue By : Mr. Rajesh Kumar Yadav, Dr Assessee By : Ms. M.K. Patel & Mr. R.S. Chokshi, Ar Date Of Hearing : 26/09/2017 Date Of Pronouncement : 24/11/2017

For Appellant: Ms. M.K. Patel &For Respondent: Mr. Rajesh Kumar Yadav, DR
Section 14Section 143(3)Section 64Section 69C

that the Ld. CIT(A) erred in (i) rejecting the books of accounts and increasing the gross profit in respect of the alleged bogus purchases at 16.61% comprising of 12.61% the gross profit ratio of the assessee-company for the year and 4% of the VAT claimed on such purchases ... Without prejudice to the above, the assessee submits that the Ld. CIT(A) has erred in confirming the addition in respect of the alleged bogus purchases to the extent of increased gross profit ratio being 16.61% of the alleged amount in place of 12.5% as per the judicial pronouncement

DCIT 10(1)(2), Mumbai vs. Karamtara Engineering P.Ltd, Mumbai

Appeal of the assessee is dismissed

ITA 4638/MUM/2015[2011-12]Status: DisposedITAT Mumbai24 Nov 2017AY 2011-12

Bench: Shri Mahavir Singh () & Shri N.K. Pradhan () Assessment Year: 2011-12 Dcit-10(1)(2) M/S Karamtara Room No. 209, Aayakar Vs. Engineering Pvt. Ltd. Bhavan, M.K. Road, 705, Morya Land Mark-Ii Mumbai-400020. New Link Road, Andheri(W), Mumbai-400053. Pan No. Aabck1921E Appellant Respondent Assessment Year: 2011-12 M/S Karamtara Dcit (Osd)-8(2) Engineering Pvt. Ltd. Vs. Aayakar Bhavan, 2Nd 705, Morya Land Mark-Ii Floor Room No. 204, M.K. New Link Road, Road, Andheri(W), Mumbai-400020. Mumbai-400053. Pan No. Aabck1921E Appellant Respondent Revenue By : Mr. Rajesh Kumar Yadav, Dr Assessee By : Ms. M.K. Patel & Mr. R.S. Chokshi, Ar Date Of Hearing : 26/09/2017 Date Of Pronouncement : 24/11/2017

For Appellant: Ms. M.K. Patel &For Respondent: Mr. Rajesh Kumar Yadav, DR
Section 133(6)Section 14Section 143(3)Section 64Section 69C

that the Ld. CIT(A) erred in (i) rejecting the books of accounts and increasing the gross profit in respect of the alleged bogus purchases at 14.81% comprising of 10.81% the gross profit ratio of the assessee-company for the year and 4% of the VAT claimed on such purchases ... Without prejudice to the above, the assessee submits that the Ld. CIT(A) has erred in confirming the addition in respect of the alleged bogus purchases to the extent of increased gross profit ratio being 14.81% of the alleged amount in place of 12.5% as per the judicial pronouncement