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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

ITO 32(1)(5), Mumbai vs. Glazers India, Mumbai

In the result, the appeal for the revenue is dismissed

ITA 4120/MUM/2015[2010-11]Status: DisposedITAT Mumbai20 Mar 2017AY 2010-11

Bench: Shri Mahavir Singh, Jm & Shri Rajesh Kumar, Am Income Tax Officer-32(1)(5), M/S Glazers India, Room No.203,C-11, 2Nd Floor,, 14, Mahavir Niwas, Rsc-14 फनधभ/ Pratyakshakar Bhavan, Gorai, Bandra-Kurla Complex, Borivali West, Vs. Bandra (E), Mumbai-400092 Mumbai-400051. (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) : स्थधमी रेखध सं./ Pan : Aaefg1720F (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) : अऩीरधथी की ओय से /Appellant By : Ms.Anupama Singla प्रत्मथी की ओय से/Respondent By : Shri Rashmikat C Modi & Ms.Ketki Rajeshirke सुनवधई की तधयीख /Date Of Hearing : 14.1.2017 घोषणध की तधयीख /Date Of Pronouncement : 20.3.2017

For Appellant: Ms.Anupama SinglaFor Respondent: Shri Rashmikat C Modi
Section 133(6)Section 143(2)Section 143(3)Section 69C

assessment years 2010-11 wherein the revenue has raised the issue of deletion of unexplained expenditure of Rs.43,77,342/- on account of bogus purchase as against the addition of 2 Rs.49,74,242/- made by the AO under section 69C of the Income Tax Act, 1961. 2. Brief facts ... list of Hawala operators as published by the Sales Tax Department of Government of Maharashtra and accordingly, the AO treated these purchases as bogus purchases and added the same to the total income of the assessee u/s 69C of the Act by framing the assessment u/s 143(3) vide

Harish Radeshyam Khandelwal, Mumbai vs. ITO 30(1)(4), Mumbai

In the result, appeal filed by the assessee in ITA No

ITA 5515/MUM/2016[2009-10]Status: DisposedITAT Mumbai17 Mar 2017AY 2009-10

Bench: Shri C.N. Prasad & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.5515/Mum/2016 ("नधा"रण वष" / Assessment Year : 2009-10) Shri Harish Radeshyam The Income Tax Officer – बनाम/ Khandelwal, 30(1)(4), V. C/O D.C. Jain & Co., C-13, 6 Th Floor, 75, Bombay Mutual Bldg. Pratyakshakar Bhavan, 293, Room No. 604, Dr. D.N. Road, Fort, Bandra Kurla Complex, Mumbai – 400 001. Bandra (E), Mumbai – 400 051. "थायी लेखा सं./Pan : Aabpk6531H (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

For Appellant: Shri D.C. JainFor Respondent: Ms. Pooja Swaroop, DR
Section 131Section 143(1)Section 143(3)Section 145Section 147Section 148

Information was received by AO from Director General of Income-tax (Inv.), Mumbai that some businessmen had indulged in the acceptance of bogus purchase bills from bogus hawala dealers who were engaged in providing accommodation entries. It was informed to the A.O. that Sales Tax Department, Mumbai, Govt. of Maharashtra ... parties to their customers and they issued only bogus bills after charging commission. It was informed to A.O. that assessee is beneficiary of such bogus purchase bills and during previous year relevant to the assessment year under consideration, the assessee had accepted bogus bills from following four parties:- Name