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“bogus purchases”

DisallowancesSection 69CSection 69C9,532 judgments

The decision most relied on for bogus purchases is CIT v. Bholanath Poly Fab. Pvt. Ltd. (355 ITR 290), cited in 712 judgments on BharatTax.

Leading authorities on 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.

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.

CIT v. Simit P. Seth
38 Taxmann.com 385 · 2013 · High Court
278
citing judgments

When an assessee obtains accommodation bills for purchases but the corresponding sales are genuine, the addition to income is limited to the gross profit margin embedded in such purchases. This principle acknowledges that the underlying sales were real, but profit was suppressed through bogus invoices.

CIT v. Vijay M. Mistry Construction Ltd.
355 ITR 498 · 2013 · High Court
252
citing judgments

In cases of alleged bogus or hawala purchases where the existence of transactions is not entirely denied, only the profit element embedded in such purchases, and not the entire purchase price, can be added to the assessee's income. The focus is on determining a reasonable profit percentage for such additions.

Judgments citing bogus purchases

Palamootil Verghese Mathew, Thane vs. DCIT, Cir-3, Thane

In the result, the appeal filed by the assessee is partly allowed

ITA 2902/MUM/2016[2009-10]Status: DisposedITAT Mumbai18 Sept 2017AY 2009-10

Bench: Shri Rajendra, Am & Shri Ram Lal Negi, Jm आिकर अपील सं./Ita No. 2902/Mum/2016 (धििाारण वर्ा / Assessment Year: 2009-10) Sh. Palamootil Verghese Mathew, Vs. The Dcit, Cir-3, 401, Wellington Ghodbunder Room No. 2, “B” Wing, Road, Hiranandani Estate, 6Th Floor, Ashar It Park, Thane (W)- 400607 Road No. 16Z, Wagle Estate, Thane (W) - 400604 स्थािी लेखा सं./जीआइआर सं./Pan/Gir No. : Agopm9419M (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) यनर्ावररती की ओर से /Assessee By : Sh. S.K. Ramani (Ar) राजस्व की ओर से /Revenue By : Sh. Saurabh Kumar Rai (Dr) सुनर्ाई की तारीख / Date Of Hearing : 02/08/2017 घोषणा की तारीख/Date Of Pronouncement: 18/09/2017 आदेश / O R D E R Per Ram Lal Negi, Jm This Appeal Has Been Filed By The Assessee Against Order Dated 26/02/2016 Passed By The Ld. Cit (A)-2, Thane, Pertaining To The Assessment Year 2009-10, Whereby The Ld. Cit (A) Has Partly Allowed The Appeal Preferred By The Assessee Against Assessment Order Passed U/S 144 Read With Section 147 Of The Of The Income Tax Act, 1961 (For Short ‘The Act’).

For Appellant: Sh. S.K. Ramani (AR)For Respondent: Sh. Saurabh Kumar Rai (DR)
Section 143(3)Section 144Section 147Section 148

Subsequently, the AO received information from the Sales Tax Department Maharashtra that a large number of entities have issue bogus purchase bills to various tax payers including the present assessee. Accordingly, the AO issued notice u/s 148 of the Act, to the assessee to file return in response ... notice within fifteen days. The AO also issued notice u/133(6) of the Act to M/s ‘Adigin Enterprises’ from whom the assessee had obtained bogus purchase bills worth Rs. 22,79,511/-, but the notice was received back un-served. Apart from the notices