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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

DCIT Circle-3(2)(1), Mumbai vs. Sunjewels Private Limited, Andheri East, Mumbai

In the result, the appeal filed by the assessee and revenue are partly allowed for statistical purpose

ITA 5244/MUM/2024[2014-15]Status: DisposedITAT Mumbai09 May 2025AY 2014-15

Bench: Shri. Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm Sunjewels Private Limited Dy. Commissioner Of Income Tax 116, Sdf-Iv, Seepz, Andheri East, – 3(2)(1), Mumbai Room No. 608, 6Th Floor, Aaykar Mumbai – 400096. Vs. Bhavan, M. K. Road, New Marine Lines, Mumbai – 400020. Pan/Gir No. Aabce3519L (Appellant) : (Respondent) Dy. Commissioner Of Income Tax – Sunjewels Private Limited 3(2)(1), Mumbai 116, Sdf-Iv, Seepz, Andheri East, Room No. 608, 6Th Floor, Aaykar Mumbai – 400096. Vs. Bhavan, M. K. Road, New Marine Lines, Mumbai – 400020. Pan/Gir No. Aabce3519L (Appellant) : (Respondent)

For Appellant: Shri. Ravikanth PathakFor Respondent: Shri. Prashant Barote, Sr. DR
Section 115JSection 143(2)Section 143(3)Section 250Section 72ASection 72A(2)(b)Section 80G

filed by the assessee is allowed for statistical purpose. 14. Ground no. 2 pertains to disallowance of Rs. 42,68,634/- on account of bogus purchases made from M/s. Arihant Exports and Aadi Impex made by the ld. AO and restricted ... materials from the ITA No. 4720 & 5244/Mum/2024 (A.Y. 2014-15) Sunjewels Private Limited said parties which according to the sales tax authority are bogus purchases from hawala parties, where the ld. AO made this addition on the basis of the information received from the sales tax department that the purchases

Sunjewels Private Limited, Mumbai vs. Dy. Commissioner of Income Tax - 3(2)(1), Mumbai

In the result, the appeal filed by the assessee and revenue are partly allowed for statistical purpose

ITA 4720/MUM/2024[2014-15]Status: DisposedITAT Mumbai09 May 2025AY 2014-15

Bench: Shri. Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm Sunjewels Private Limited Dy. Commissioner Of Income Tax 116, Sdf-Iv, Seepz, Andheri East, – 3(2)(1), Mumbai Room No. 608, 6Th Floor, Aaykar Mumbai – 400096. Vs. Bhavan, M. K. Road, New Marine Lines, Mumbai – 400020. Pan/Gir No. Aabce3519L (Appellant) : (Respondent) Dy. Commissioner Of Income Tax – Sunjewels Private Limited 3(2)(1), Mumbai 116, Sdf-Iv, Seepz, Andheri East, Room No. 608, 6Th Floor, Aaykar Mumbai – 400096. Vs. Bhavan, M. K. Road, New Marine Lines, Mumbai – 400020. Pan/Gir No. Aabce3519L (Appellant) : (Respondent)

For Appellant: Shri. Ravikanth PathakFor Respondent: Shri. Prashant Barote, Sr. DR
Section 115JSection 143(2)Section 143(3)Section 250Section 72ASection 72A(2)(b)Section 80G

filed by the assessee is allowed for statistical purpose. 14. Ground no. 2 pertains to disallowance of Rs. 42,68,634/- on account of bogus purchases made from M/s. Arihant Exports and Aadi Impex made by the ld. AO and restricted ... materials from the ITA No. 4720 & 5244/Mum/2024 (A.Y. 2014-15) Sunjewels Private Limited said parties which according to the sales tax authority are bogus purchases from hawala parties, where the ld. AO made this addition on the basis of the information received from the sales tax department that the purchases

Income Tax Officer, Ward-1(3)(1), Surat, Anavil Business Centre vs. Navinbhai Himatlal Shah, Diwali Baug Athwalines

In the result, appeal of the revenue is dismissed

ITA 115/SRT/2025[2007-08]Status: DisposedITAT Surat06 May 2025AY 2007-08

Bench: Shri T. R. Senthil Kumar & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.107 To 109/Srt/2025 Assessment Years:(2010-11 To 2012-13) (Hybrid Hearing) The Ito, Vs. Hiteshbhai Popatbhai Sakariya, Ward – 1(2)(6), 17, Hetal Nagar Society, Rander Road, Surat Near Navyug College, Surat - 395009 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Akvps5306G (Appellant) (Respondent) Appellant By Shri Himashu Gandhi, Ca Respondent By Ms Neerja Sharma, Sr. Dr Date Of Hearing 05/05/2025 Date Of Pronouncement 06/05/2025 आयकर अपील सं./Ita No.115/Srt/2025 Assessment Year:(2007-08) The Ito, Vs. Navinbhai Himatlal Shah, Ward – 1(3)(1), 7/Swashray Society, Diwali Baug, Surat Athwalines, Surat - 395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afsps3575H (Appellant) (Respondent) Cross Objection No.1/Srt/2025 [Arising In Ita No.115/Srt/2025] Assessment Year:(2007-08) Navinbhai Himatlal Shah, Vs. The Ito, 7/Swashray Society, Diwali Baug, Ward – 1(3)(1), Athwalines, Surat - 395001 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afsps3575H (Appellant) (Respondent) Appellant By Shri Mitul R. Mehta, Ca Respondent By Ms Neerja Sharma, Sr. Dr Date Of Hearing 05/05/2025 Date Of Pronouncement 06/05/2025

Section 271(1)(c)

levied by the A.O. u/s 271(1)(c) of the I.T. Act, 1961 of Rs.24,019/- without appreciating the fact that the assessee claimed bogus purchases in its Return of Income in order to suppress taxable income thereby making himself liable for Penalty u/s 271(1)(c) of the Income ... Rs.2,77,371/- without appreciating the fact that the assessee claimed bogus purchases in its Return of Income in order to suppress taxable income thereby making himself liable for Penalty uls 271(1)(c) of the Income-tax Act, 1961. b) Whether on the facts and circumstances of the case

Income Tax Officer, Ward-1(2)(6), Surat vs. Hiteshbhai Popatbhai Sakariya, Surat

In the result, appeal of the revenue is dismissed

ITA 109/SRT/2025[2012-13]Status: DisposedITAT Surat06 May 2025AY 2012-13

Bench: Shri T. R. Senthil Kumar & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.107 To 109/Srt/2025 Assessment Years:(2010-11 To 2012-13) (Hybrid Hearing) The Ito, Vs. Hiteshbhai Popatbhai Sakariya, Ward – 1(2)(6), 17, Hetal Nagar Society, Rander Road, Surat Near Navyug College, Surat - 395009 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Akvps5306G (Appellant) (Respondent) Appellant By Shri Himashu Gandhi, Ca Respondent By Ms Neerja Sharma, Sr. Dr Date Of Hearing 05/05/2025 Date Of Pronouncement 06/05/2025 आयकर अपील सं./Ita No.115/Srt/2025 Assessment Year:(2007-08) The Ito, Vs. Navinbhai Himatlal Shah, Ward – 1(3)(1), 7/Swashray Society, Diwali Baug, Surat Athwalines, Surat - 395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afsps3575H (Appellant) (Respondent) Cross Objection No.1/Srt/2025 [Arising In Ita No.115/Srt/2025] Assessment Year:(2007-08) Navinbhai Himatlal Shah, Vs. The Ito, 7/Swashray Society, Diwali Baug, Ward – 1(3)(1), Athwalines, Surat - 395001 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afsps3575H (Appellant) (Respondent) Appellant By Shri Mitul R. Mehta, Ca Respondent By Ms Neerja Sharma, Sr. Dr Date Of Hearing 05/05/2025 Date Of Pronouncement 06/05/2025

Section 271(1)(c)

levied by the A.O. u/s 271(1)(c) of the I.T. Act, 1961 of Rs.24,019/- without appreciating the fact that the assessee claimed bogus purchases in its Return of Income in order to suppress taxable income thereby making himself liable for Penalty u/s 271(1)(c) of the Income ... Rs.2,77,371/- without appreciating the fact that the assessee claimed bogus purchases in its Return of Income in order to suppress taxable income thereby making himself liable for Penalty uls 271(1)(c) of the Income-tax Act, 1961. b) Whether on the facts and circumstances of the case

Income Tax Officer, Ward-1(2)(6), Surat vs. Hiteshbhai Popatbhai Sakariya, Surat

In the result, appeal of the revenue is dismissed

ITA 108/SRT/2025[2011-12]Status: DisposedITAT Surat06 May 2025AY 2011-12

Bench: Shri T. R. Senthil Kumar & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.107 To 109/Srt/2025 Assessment Years:(2010-11 To 2012-13) (Hybrid Hearing) The Ito, Vs. Hiteshbhai Popatbhai Sakariya, Ward – 1(2)(6), 17, Hetal Nagar Society, Rander Road, Surat Near Navyug College, Surat - 395009 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Akvps5306G (Appellant) (Respondent) Appellant By Shri Himashu Gandhi, Ca Respondent By Ms Neerja Sharma, Sr. Dr Date Of Hearing 05/05/2025 Date Of Pronouncement 06/05/2025 आयकर अपील सं./Ita No.115/Srt/2025 Assessment Year:(2007-08) The Ito, Vs. Navinbhai Himatlal Shah, Ward – 1(3)(1), 7/Swashray Society, Diwali Baug, Surat Athwalines, Surat - 395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afsps3575H (Appellant) (Respondent) Cross Objection No.1/Srt/2025 [Arising In Ita No.115/Srt/2025] Assessment Year:(2007-08) Navinbhai Himatlal Shah, Vs. The Ito, 7/Swashray Society, Diwali Baug, Ward – 1(3)(1), Athwalines, Surat - 395001 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afsps3575H (Appellant) (Respondent) Appellant By Shri Mitul R. Mehta, Ca Respondent By Ms Neerja Sharma, Sr. Dr Date Of Hearing 05/05/2025 Date Of Pronouncement 06/05/2025

Section 271(1)(c)

levied by the A.O. u/s 271(1)(c) of the I.T. Act, 1961 of Rs.24,019/- without appreciating the fact that the assessee claimed bogus purchases in its Return of Income in order to suppress taxable income thereby making himself liable for Penalty u/s 271(1)(c) of the Income ... Rs.2,77,371/- without appreciating the fact that the assessee claimed bogus purchases in its Return of Income in order to suppress taxable income thereby making himself liable for Penalty uls 271(1)(c) of the Income-tax Act, 1961. b) Whether on the facts and circumstances of the case

Income Tax Officer, Ward-1(2)(6), Surat vs. Hiteshbhai Popatbhai Sakariya, Surat

In the result, appeal of the revenue is dismissed

ITA 107/SRT/2025[2010-11]Status: DisposedITAT Surat06 May 2025AY 2010-11

Bench: Shri T. R. Senthil Kumar & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.107 To 109/Srt/2025 Assessment Years:(2010-11 To 2012-13) (Hybrid Hearing) The Ito, Vs. Hiteshbhai Popatbhai Sakariya, Ward – 1(2)(6), 17, Hetal Nagar Society, Rander Road, Surat Near Navyug College, Surat - 395009 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Akvps5306G (Appellant) (Respondent) Appellant By Shri Himashu Gandhi, Ca Respondent By Ms Neerja Sharma, Sr. Dr Date Of Hearing 05/05/2025 Date Of Pronouncement 06/05/2025 आयकर अपील सं./Ita No.115/Srt/2025 Assessment Year:(2007-08) The Ito, Vs. Navinbhai Himatlal Shah, Ward – 1(3)(1), 7/Swashray Society, Diwali Baug, Surat Athwalines, Surat - 395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afsps3575H (Appellant) (Respondent) Cross Objection No.1/Srt/2025 [Arising In Ita No.115/Srt/2025] Assessment Year:(2007-08) Navinbhai Himatlal Shah, Vs. The Ito, 7/Swashray Society, Diwali Baug, Ward – 1(3)(1), Athwalines, Surat - 395001 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afsps3575H (Appellant) (Respondent) Appellant By Shri Mitul R. Mehta, Ca Respondent By Ms Neerja Sharma, Sr. Dr Date Of Hearing 05/05/2025 Date Of Pronouncement 06/05/2025

Section 271(1)(c)

levied by the A.O. u/s 271(1)(c) of the I.T. Act, 1961 of Rs.24,019/- without appreciating the fact that the assessee claimed bogus purchases in its Return of Income in order to suppress taxable income thereby making himself liable for Penalty u/s 271(1)(c) of the Income ... Rs.2,77,371/- without appreciating the fact that the assessee claimed bogus purchases in its Return of Income in order to suppress taxable income thereby making himself liable for Penalty uls 271(1)(c) of the Income-tax Act, 1961. b) Whether on the facts and circumstances of the case

Avinash S Sadamate ACIT Circle 3 3 1, Mumbai vs. Vijay Security Systems Private Limited, Mumbai

In the result, the grounds of appeal raised by the revenue are dismissed

ITA 1208/MUM/2025[2009-10]Status: DisposedITAT Mumbai05 May 2025AY 2009-10

Bench: Shri Pawan Singh(Physical Hearing) Acit Circle-(3)(3)(1) Vijay Security Systems Private Room No. 552, Aayakar Limited, 35 Chandivali Village Off Bhavan, M.K. Road, Vs. Saki Vihar Road, Andheri (East), Churchgate, Mumbai-400072. Mumbai-400020. Pan: Aaacv1363L (Appellant) .. (Respondent) Assessee By Shri. Sandeep Chaturvedi Ca Revenue By Ms. Pradnya Gholap, Sr. Dr Date Of Hearing 17/04/2025 Date Of Pronouncement 05/05/2025 Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Revenue / Assessing Officer Is Directed Against The Order Of Learned Commissioner Of Income Tax (Ld. Cit(A)) Dated 24.01.2025 For A.Y. 2009-10. The Assessee Has Raised The Following Grounds Of Appeal: “ (1) "Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld.Cit(A) Has Justified In Treating The Assessment Completed Ex-Parte U/S.144 Of The Act Disregarding The Fact That Desired Details Called For Were Not Submitted Before The Ao I.E. Ito-11(3)(3) Having Jurisdiction Over The Case?" (Ii) "Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld.Cit(A) Has Justified In Not Deciding The Appeal On Merit Of The Additions Made By Ao & In Fact, Not Considering The Fact That The Information Of Obtaining Accommodation Bills Towards Alleged Bogus Purchases Was Received From The Sales Department?" (Iii) "Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld.Cit(A) Has Rightly Dismissed The Appeal Without Considering The Fact That The Genuineness Of The Details Submitted By The Assessee During Remand Proceedings By The Assessee Officer Could Not Be Ascertained In The Absence Of Parties Involved & The Same Was Not Questioned As Well By The Ld.Cit(A)?" Acit Vs Vijay Security Services (Iv) "The Appellant Craves Leave To Add, Amend And/Or Vary Grounds Of Appeal Before Or During The Course Of Hearing.”

Section 143(3)Section 144Section 148Section 254(1)Section 69C

merit of the additions made by AO and in fact, not considering the fact that the information of obtaining accommodation bills towards alleged bogus purchases was received from the Sales Department?" (iii) "Whether on the facts and in the circumstances of the case and in law, the Ld.CIT ... revenue and the ld. AR for the assessee. The Ld. DR for the revenue submits that assessee is a beneficiary of bogus purchases shown from the entities whose name were published by Sales Tax Department. The Sales Tax Department carried out full-fledged investigation and declared that certain parties