← All Phrases

“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

ACIT, Circle-7(1), Kolkata vs. Sawansukha Jewellers Private Limited, Kolkata

In the result, CO of the assessee is allowed and the appeal of the Revenue is dismissed

ITA 1615/KOL/2024[2018-2019]Status: DisposedITAT Kolkata17 Mar 2025AY 2018-2019

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Sawansukhajewellers Acit, Circle-7(1), Private Limited 5Th Floor, Aaykar Bhavan, P-7, Chowringhee Square, 4Th Floor, 9, Camac Street, Vs. Kolkata-700069, Kolkata-700017, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aafcs2477R Co No. 32/Kol/2024 (Airing Out Of The Ita No. 1615/Kol/2024 For A.Y. 2018-19) Sawansukhajewellers Acit, Circle-7(1), Private Limited 5Th Floor, Aaykar Bhavan, P-7, 4Th Floor, 9, Camac Street, Chowringhee Square, Vs. Kolkata-700017, Kolkata-700069, West Bengal West Bengal (Appellant) (Respondent) Assessee By : Shri Akkal Dudhwewala, Ar Revenue By : Shri Kapil Mondal, Dr Date Of Hearing: 03.03.2025 Date Of Pronouncement : 17.03.2025

For Appellant: Shri Akkal Dudhwewala, ARFor Respondent: Shri Kapil Mondal, DR
Section 133(6)Section 142(1)Section 143Section 143(3)Section 148

objection pressed ground no.2, which is against the part confirmation of addition to the tune of ₹26,40,668/- being 12% of the total bogus purchases by the ld. CIT (A) by ignoring the fact that all these purchases were supported with the relevant evidences and the rate applied ... while partly sustaining the addition directed the ld. AO to assess the income at the rate of 12% of the total bogus purchases by observing and holding as under:- “4.1 Appeal Notices were issued to the assessee on 28.02.2024, 12.04.2024, 15.05.2024 fixing the case for 06.03.2024, 29.04.2024, 30.05.2024 respectively

ITO-19(2)(4), Mumbai vs. Narendra K Rawal(HUF), Mumbai

In the result, both the appeals of the revenue are allowed for statistical purposes

ITA 6539/MUM/2024[2012-13]Status: DisposedITAT Mumbai17 Mar 2025AY 2012-13

Bench: Shri Sandeep Gosain & Smt. Renu Jauhriआयकर अपील सं./Ita No. 6538/Mum/2024 (निर्धारण वर्ा / Assessment Year :2011-12) आयकर अपील सं./Ita No. 6539/Mum/2024 (निर्धारण वर्ा / Assessment Year :2012-13) Ito, 19(2)(4), Mumbai V/S. Narendra K Rawal (Huf) 507, 5Th Floor, Piramal बिधम 54 3, Jariwala Building, Chambers, Maharashtra- Arther Road, Tardeo, 400012 Maharashtra-400034 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aachn4321B Appellant/अपीलधर्थी Respondent/प्रनिवधदी ..

For Appellant: Shri Sharwan Kumar JhaFor Respondent: Shri Leyaqat Ali Aafaqui
Section 250

above stated Circular, wherein it is stated that in cases involving "Organized Tax Evasion" including cases of accommodation entry of bogus purchases, the decision to file appeal/SLP shall be taken on merit without regard to the tax effect and the monetary limit. 6. The appellant craves, leave to amend ... above stated Circular, wherein it is stated that in cases involving "Organized Tax Evaston" including cases of accommodation entry of bogus purchases, the decision to file appeal/SLP shall be taken on merit without regard to the tax effect and the monetary limit. 6. The appellant craves, leave to amend

ITO-19(2)(4), Mumbai vs. Narendra K Rawal(HUF), Mumbai

In the result, both the appeals of the revenue are allowed for statistical purposes

ITA 6538/MUM/2024[2011]Status: DisposedITAT Mumbai17 Mar 2025

Bench: Shri Sandeep Gosain & Smt. Renu Jauhriआयकर अपील सं./Ita No. 6538/Mum/2024 (निर्धारण वर्ा / Assessment Year :2011-12) आयकर अपील सं./Ita No. 6539/Mum/2024 (निर्धारण वर्ा / Assessment Year :2012-13) Ito, 19(2)(4), Mumbai V/S. Narendra K Rawal (Huf) 507, 5Th Floor, Piramal बिधम 54 3, Jariwala Building, Chambers, Maharashtra- Arther Road, Tardeo, 400012 Maharashtra-400034 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aachn4321B Appellant/अपीलधर्थी Respondent/प्रनिवधदी ..

For Appellant: Shri Sharwan Kumar JhaFor Respondent: Shri Leyaqat Ali Aafaqui
Section 250

above stated Circular, wherein it is stated that in cases involving "Organized Tax Evasion" including cases of accommodation entry of bogus purchases, the decision to file appeal/SLP shall be taken on merit without regard to the tax effect and the monetary limit. 6. The appellant craves, leave to amend ... above stated Circular, wherein it is stated that in cases involving "Organized Tax Evaston" including cases of accommodation entry of bogus purchases, the decision to file appeal/SLP shall be taken on merit without regard to the tax effect and the monetary limit. 6. The appellant craves, leave to amend