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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

Quality Engineering Products, Mumbai vs. Assisstant Commissioner of Income Tax Circle-3, Thane

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

ITA 5271/MUM/2017[2010-11]Status: DisposedITAT Mumbai14 Nov 2017AY 2010-11

Bench: Shri Shamim Yahya, Am आयकर अपील सं./I.T.A. No.5271/Mum/2017 ("नधा"रण वष" / Assessment Year: 2010-11) Quality Engineering Products The Asst. Cit, Circle-3, बनाम/ Ashar It Park, 6Th Floor, A/193, Road No. 16A, Wagle Industrial Estate, Thane-400 604 Room No. 2, Wagle Industrial Vs. Estate, Thane-400 604 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaafq 0642 C (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri R. K. Mulchandani ""यथ" क" ओर से/Respondent By : Ms. N. Hemalatha

For Appellant: Shri R. K. MulchandaniFor Respondent: Ms. N. Hemalatha

assessee wherein the assessee is aggrieved by the order of the ld. Commissioner of Income Tax (Appeals) wherein 100% disallowance on account of bogus purchase amounting to Rs.4,24,975/- is confirmed. 2. In this case, the Assessing Officer had made a disallowance of Rs.4,24,975/- being ... bogus purchases. The assessing officer based the addition on the 2 Quality Engineering Products vs. The Asst. CIT basis of information received from the Sales Tax Department that assessee has received hawala purchases. The assessing officer also noted that the assessee had not supplied relevant evidence of movement of goods

DCIT 10(2)(2), Mumbai vs. Minex Metallurgical Co. Ltd, Mumbai

In the result, appeals filed by the revenue for assessment years 2009-10

ITA 7345/MUM/2016[2009-10]Status: DisposedITAT Mumbai10 Nov 2017AY 2009-10

Bench: Shri Rajendra, Am & Shri Ram Lal Negi, Jm आिकर अपील सं./Ita No. 7345/Mum/2016 (धििाारण वर्ा / Assessment Year: 2009-10) The Dcit – 10(2)(2), Vs. M/S Minex Metallurgical Room No. 209, 2Nd Floor, Company Limited, Aayakar Bhavan, M.K. Road, 301, Rajguru Apartments, Mumbai - 400020 New Nagardas Road, Andheri (East), Mumbai - 400069 स्थािी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacm7315B (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) आिकर अपील सं./Ita No. 7346/Mum/2016 (धििाारण वर्ा / Assessment Year: 2010-11) The Dcit – 10(2)(2), Vs. M/S Minex Metallurgical Room No. 216A, 2Nd Floor, Company Limited, Aayakar Bhavan, M.K. Road, 301, Rajguru Apartments, Mumbai - 400020 New Nagardas Road, Andheri (East), Mumbai - 400069 स्थािी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacm7315B (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) यनर्ावररती की ओर से /Revenue By : Shri V. Jenardhanan (Dr) राजस्व की ओर से / Assessee By : Shri Paresh Shaparia (Ar) Date Of Hearing: 17/08/2017 Date Of Pronouncement: 10/11/2017 आदेश / O R D E R Per Ram Lal Negi, Jm These Appeals Have Been Filed By The Revenue Against The Orders Dated 23/09/2016 Passed By The Ld. Commissioner Of Income Tax (Appeals)-17, Mumbai, For The Assessment Years 2009-10 & 2010-11 Respectively, Whereby The Ld. Cit (A) Has Partly Allowed The Appeals Filed By The Assessee Against Assessment Years: 2009-10 & 2010-11

For Appellant: Shri Paresh Shaparia (AR)For Respondent: Shri V. Jenardhanan (DR)
Section 133(6)Section 139(1)Section 143Section 143(3)Section 147Section 148

Sumati Dayal vs.CIT 214 ITR 801 and CIT vs. Durga Prasad More 82 ITR 540 (SC), made addition of the total amount of bogus purchases to the tune of Rs. 1,08,50,022/-, Gross Profit on bogus purchases @ 4% amounting to Rs. 4,34,000/- and commission paid ... arranging bogus purchases @ 1% amounting to Rs. 1,08,500/- and determined the total income of the assessee at Rs. 17,55,96,810/- (rounded off). 4. Aggrieved by the assessment order, the assessee preferred the first appeal before the Ld. CIT (A) against the assessment order