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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

Piyush L Rambhia, Mumbai vs. ITO 30(2)(5), Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 5810/MUM/2016[2009-10]Status: DisposedITAT Mumbai10 Nov 2017AY 2009-10

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am Piyush L Rambhia Income Tax Officer-30(2)(5), C-13, 5Th Floor, B-403, Ankur Chs, फनधभ/ Nana Shankar Seth Chowk, Bkc Bandra, Vs. Malad(W) Mumbai-400051 Mumbai--400064 (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) : स्थधमी रेखध सं./ Pan : Adrpr2130C अऩीरधथी की ओय से / Assessee By : Shri Hemant Sharma प्रत्मथी की ओय से/ Revenue By : Ms.Arju Garodia सुनवधई की तधयीख /Date Of Hearing : 28.9.2017 घोषणध की तधयीख /Date Of Pronouncement : 10.11.2017 आदेश / O R D E R Per Rajesh Kumar, A. M: This Is An Appeal Filed By The Assessee Challenging The Order Dated 1.7.2016 Of Ld.Cit(A) Upholding The Addition At 30% Amounting To Rs.15.20 Lakhs Of The Alleged Bogus Purchases With Regard To The Assessment Year 2009-10 As Against The 100% Made By The Ao.

For Appellant: Shri Hemant SharmaFor Respondent: Ms.Arju Garodia
Section 133(6)Section 143(3)Section 148Section 148(2)

filed by the assessee challenging the order dated 1.7.2016 of ld.CIT(A) upholding the addition at 30% amounting to Rs.15.20 lakhs of the alleged bogus purchases with regard to the assessment year 2009-10 as against the 100% made by the AO. 2 2. The facts in brief are that ... Rs.4,24,394/-. The AO received the information from Sales Tax Department, GOM and DGIT (Investigation), Mumbai that the assessee has availed entries of bogus purchases bills from the hawala operators whose names were listed in the website of Sales Tax Department, GOM as suspicious dealers supplying bogus bills

Chhaganlal S. Mehta, Mumbai vs. ITO-19(1)(3), Mumbai

In the result, appeal filed by the assessee for assessment year 2009-10 is dismissed

ITA 6138/MUM/2016[2009-10]Status: DisposedITAT Mumbai09 Nov 2017AY 2009-10

Bench: Shri Rajendra, Am & Shri Ram Lal Negi, Jm आिकर अपील सं./Ita No. 6138/Mum/2016 (धििाारण वर्ा / Assessment Year: 2009-10) Shri Chhaganlal S. Mehta, Vs. The Income Tax Officer, Prop. Mehta Metal Corporation, Ward 19(1) (3), 2Nd Khetwadi Lane, Room No. 220, 1St Floor, Near Alankar Cinema Varsha, Matru Mandir, Tardeo, Mumbai - 400007 Shop No. 5, Mumbai - 400004 स्थािी लेखा सं./जीआइआर सं./Pan/Gir No. : Aekpm5292E (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) यनर्ावररती की ओर से /Assessee By : Shri Rajesh Chamaria (Ar) राजस्व की ओर से / Revenue By : Shri Jenardhanan (Dr)

For Appellant: Shri Rajesh Chamaria (AR)For Respondent: Shri Jenardhanan (DR)
Section 143Section 143(3)Section 147Section 148

return was processed under section 143 (1) of the Act. 3. Subsequently, on the basis of information received from the Sales Tax Department regarding bogus purchases made by various companies including the present assessee from hawala entities which used to issue bogus bills without selling any goods, the assessment ... opened u/s 147 of the Act. The assessee was one of the beneficiaries of such bogus bills, which had made bogus purchases from 19 such entities. As per the information, the assessee company during the year relevant to the assessment year under consideration made bogus purchases to the tune

ITO 12(3)(3), Mumbai vs. M.S. Infraproject P.Ltd, Mumbai

In the result, appeal filed by the revenue for assessment year 2009-10 is partly allowed

ITA 5607/MUM/2016[2009-10]Status: PendingITAT Mumbai09 Nov 2017AY 2009-10

Bench: Shri Rajendra, Am & Shri Ram Lal Negi, Jm आिकर अपील सं./Ita No. 5607/Mum/2016 (धििाारण वर्ा / Assessment Year: 2009-10) The Ito-12(3)(3), Vs. M/S M.S. Infraproject Pvt. Ltd., Room No. 224, 2Nd Floor, G Wing, Flat No. 3, Aayakar Bhavan, M.K. Road, Ground Floor, Sumer Nagar – Mumbai - 400020 Building, S.V. Road, Behind Ajanta Party Hall, Borivali West, Mumbai - 400092 स्थािी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabc17701C (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) राजस्व की ओर से / Revenue By : Sh. Saurabh Kumar Rai (Dr) यनर्ावररती की ओर से /Assessee By : Sh. Anil Thakrar (Ar) सुनर्ाई की तारीख / Date Of Hearing : 10/08/2017 घोषणा की तारीख/Date Of Pronouncement: 09/11/2017

For Appellant: Sh. Anil Thakrar (AR)For Respondent: Sh. Saurabh Kumar Rai (DR)
Section 129Section 133Section 133(6)Section 142Section 143Section 143(3)Section 144Section 147Section 148

material on record and determined the total income of the assessee at Rs. 1,84,09,180/- after making addition of the amount of bogus purchases to the tune of Rs. 1,82,21,300/- to the income of the assessee. 5. Feeling aggrieved, the assessee challenged the assessment order ... after hearing the assessee partly allowed the appeal and restricted the addition to 4% of the alleged bogus purchases. Against the said order the revenue is in appeal before the Tribunal. 3 Assessment Year: 2009-10 6. The revenue has challenged the impugned order by raising the following effective grounds

Muffazal Hakim Penwala, Mumbai vs. ITO 17(2)(4), Mumbai

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

ITA 3740/MUM/2017[2010-11]Status: DisposedITAT Mumbai08 Nov 2017AY 2010-11

Bench: Shri Shamim Yahya, Am & Shri Sandeep Gosain, Jm आयकर अपील सं./I.T.A. No. 3740/Mum/2017 ("नधा"रण वष" / Assessment Year: 2010-11) Shri Muffazal Hakim Penawala Cit(A)-28, India House, Ground Floor, Earnest House, Ncpa Marg, बनाम/ Shop No. 1-2, 246, A. R. Street, Nairman Point, Mumbai-400 021 Vs. Mumbai-400 003 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aabpp 1934 H (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Ms. Ruchi M. Rathod ""यथ" क" ओर से/Respondent By : Shri M. V. Rajguru

For Appellant: Ms. Ruchi M. RathodFor Respondent: Shri M. V. Rajguru
Section 142(1)Section 143(2)Section 148

case: The Learned Commissioner of Income Tax (Appeals) was justified in sustaining the addition on account of low Gross Profit Margin @ 6% on alleged bogus purchases of Rs.41,32,032/-. 3. In this case, the reassessment was opened by the Assessing Officer by observing as under: 2. On receipt ... follows for the sake of ready reference and convenience. "In this case, the information available shows that the assessee has taken entries of bogus purchases from the following parties/'entities during the financial year relevant to assessment year under consideration. 3 Shri Muffazal Hakim Penawala vs. CIT(A) Hawala