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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

Incometax Officer, Bhimavaram vs. Prasad Raju Penmatsa, Bhimavaram

In the result, appeal of the revenue is allowed for statistical purposes

ITA 33/VIZ/2025[2022-23]Status: DisposedITAT Visakhapatnam25 Jul 2025AY 2022-23

Bench: Shri Vijay Pal Rao, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.517/Viz/2024 (निर्धारण वर्ा/ Assessment Year: 2022-23) Vs. Income Tax Officer-Ward – 1 Penmatsa Prasad Raju D.No. 7-7-25/3 Income Tax Office Kodavalli Road, Fci Colony Aayakar Bhavan Bhimavaram – 534201 Jp Road, Sivaraopet Andhra Pradesh Bhimavaram – 534201 Andhra Pradesh [Pan:Aqcpp6707B] (अपीलधर्थी/Appellant) (प्रत्यर्थी/Respondent) आयकर अपीलसं./I.T.A.No.33/Viz/2025 (निर्धारण वर्ा/ Assessment Year: 2022-23) Vs. Penmatsa Prasad Raju Income Tax Officer D.No. 7-7-25/3 Income Tax Office Kodavalli Road, Fci Colony Aayakar Bhavan Bhimavaram – 534201 Opp. Ganesh Canteen Andhra Pradesh Jp Road, Sivaraopet Bhimavaram – 534202 [Pan:Aqcpp6707B] Andhra Pradesh (अपीलधर्थी/Appellant) (प्रत्यर्थी/Respondent) : Shri Gvn Hari, Advocate करदाता का प्रतततितित्व/ Assessee Represented By राजस्व का प्रतततितित्व/ Department Represented By : Dr.Satyasai Rath, Cit(Dr)

Section 142(1)Section 143(1)(a)Section 143(2)Section 144

invoices substantiating the purchases and therefore proceeded to make an addition of Rs.12,37,32,507/- by disallowing 25% of the payments made towards bogus purchases. 3. On being aggrieved by the order of the Ld. AO, assessee filed an appeal before Ld. CIT(A). Ld. CIT(A) observed that ... would be lower as declared by the assessee. He further submitted that that the Ld. AO erred in treating 25% of the purchases as bogus purchases without considering the audited statements of accounts. He further submitted that trading in fish is generally unorganised and hence most of the traders / manufactures

Penmatsa Prasad Raju, Bhimavaram vs. Income Tax Officer, Ward-1, Bhimavaram

In the result, appeal of the revenue is allowed for statistical purposes

ITA 517/VIZ/2024[2022-23]Status: DisposedITAT Visakhapatnam25 Jul 2025AY 2022-23

Bench: Shri Vijay Pal Rao, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.517/Viz/2024 (निर्धारण वर्ा/ Assessment Year: 2022-23) Vs. Income Tax Officer-Ward – 1 Penmatsa Prasad Raju D.No. 7-7-25/3 Income Tax Office Kodavalli Road, Fci Colony Aayakar Bhavan Bhimavaram – 534201 Jp Road, Sivaraopet Andhra Pradesh Bhimavaram – 534201 Andhra Pradesh [Pan:Aqcpp6707B] (अपीलधर्थी/Appellant) (प्रत्यर्थी/Respondent) आयकर अपीलसं./I.T.A.No.33/Viz/2025 (निर्धारण वर्ा/ Assessment Year: 2022-23) Vs. Penmatsa Prasad Raju Income Tax Officer D.No. 7-7-25/3 Income Tax Office Kodavalli Road, Fci Colony Aayakar Bhavan Bhimavaram – 534201 Opp. Ganesh Canteen Andhra Pradesh Jp Road, Sivaraopet Bhimavaram – 534202 [Pan:Aqcpp6707B] Andhra Pradesh (अपीलधर्थी/Appellant) (प्रत्यर्थी/Respondent) : Shri Gvn Hari, Advocate करदाता का प्रतततितित्व/ Assessee Represented By राजस्व का प्रतततितित्व/ Department Represented By : Dr.Satyasai Rath, Cit(Dr)

Section 142(1)Section 143(1)(a)Section 143(2)Section 144

invoices substantiating the purchases and therefore proceeded to make an addition of Rs.12,37,32,507/- by disallowing 25% of the payments made towards bogus purchases. 3. On being aggrieved by the order of the Ld. AO, assessee filed an appeal before Ld. CIT(A). Ld. CIT(A) observed that ... would be lower as declared by the assessee. He further submitted that that the Ld. AO erred in treating 25% of the purchases as bogus purchases without considering the audited statements of accounts. He further submitted that trading in fish is generally unorganised and hence most of the traders / manufactures

M/S. Diach Chemicals & Pigments Private Limited, Howrah vs. Pr. CIT (Central), Kolkata - 2, Kolkata

In the result, the appeal of the assessee is allowed

ITA 697/KOL/2025[2018-19]Status: DisposedITAT Kolkata25 Jul 2025AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.697/Kol/2025 Assessment Year: 2018-19 M/S Diach Chemicals & Pigments Pvt. Ltd.………....Appellant Nh-6, Jaladhulagori Dhulaghar Industrial Park, Howrah-711302. [Pan: Aaccd1101A] Vs. Pcit, Central-2, Kolkata…..……………..………………….…..... Respondent Appearances By: Shri Sunil Surana, Fca Appeared On Behalf Of The Appellant. Shri Raja Sengupta, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 22, 2025 Date Of Pronouncing The Order : July 25, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Dated 29.03.2025 Passed By The Ld. Principal Commissioner Of Income Tax (Pcit), Kolkata, Under Section 263 Of The Income Tax Act, 1961 For The Assessment Year 2018-19. 2. Brief Facts Of The Case The Assessee Fled Its Return Of Income For The Assessment Year 2018-19 Declaring Total Income Of Rs.3,24,05,910/-. The Case Was Selected For Scrutiny & Assessment Was Completed Under Section 143(3) Of The Act On 23.04.2021 Determining Assessed Income At Rs.4,75,81,150/-. Subsequently, Pursuant To A Search & Seizure Operation Under Section 132 Of The Act In The Case Of The Diach Group Conducted On 07.12 2021 & Subsequent Dates, The Assessing Officer Reopened The Case Under Section 147 & Passed A Reassessment Order Dated 28.03 2023. In The Reassessment Order, The Ao Made An Addition Of Rs.96,84,5467/- On Account Of Bogus Purchases Under

Section 132Section 143(3)Section 147Section 263Section 69C

passed a reassessment order dated 28.03 2023. In the reassessment order, the AO made an addition of Rs.96,84,5467/- on account of bogus purchases under I.T.A. No.697/Kol/2025 M/s Diach Chemicals & Pigments Pvt. Ltd section 69C and Rs.7,34,624/- on account of delayed payment of PF/ESI, thereby determining total