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121 results for “bogus purchases”+ Section 40Aclear

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Key Topics

Section 143(3)90Addition to Income84Disallowance57Section 40A(3)50Section 14736Section 26334Section 153C30Section 153A30Natural Justice24

SHIV SHAKTI CONSTRUCTIONS,GAUTAM BUDH NAGAR vs. ACIT, CENTRAL CIRCLE-11, NOIDA

In the result, all the Revenue’s Appeals are dismissed

ITA 2559/DEL/2022[2020-21]Status: DisposedITAT Delhi27 Jul 2023AY 2020-21

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

For Appellant: Shri Harish Choudhary CAFor Respondent: Shri H.K. Choudhary, CIT-DR

bogus purchases of Rs.8,11,39,611/- by invoking Section 37(1) of the Act. 7. The Assessing Officer also observed that large amount of cash payments have been made against expenses incurred in violation of Section 40A

DCIT CENTRAL CIRCLE-2, NOIDA vs. SHIV SHAKTI CONSTRUCTION, GREATER NOIDA

In the result, all the Revenue’s Appeals are dismissed

ITA 2839/DEL/2022[2020-21]Status: DisposedITAT Delhi27 Jul 2023AY 2020-21

Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

Showing 1–20 of 121 · Page 1 of 7

Section 14823
Section 14A18
Bogus Purchases18
Bench:
For Appellant: Shri Harish Choudhary CAFor Respondent: Shri H.K. Choudhary, CIT-DR

bogus purchases of Rs.8,11,39,611/- by invoking Section 37(1) of the Act. 7. The Assessing Officer also observed that large amount of cash payments have been made against expenses incurred in violation of Section 40A

SHIV SHAKTI CONSTRUCTIONS ,GAUTAM BUDH NAGER vs. ACIT, CENTRAL CIRCLE-2, NOIDA

In the result, all the Revenue’s Appeals are dismissed

ITA 2554/DEL/2022[2015-16]Status: DisposedITAT Delhi27 Jul 2023AY 2015-16

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

For Appellant: Shri Harish Choudhary CAFor Respondent: Shri H.K. Choudhary, CIT-DR

bogus purchases of Rs.8,11,39,611/- by invoking Section 37(1) of the Act. 7. The Assessing Officer also observed that large amount of cash payments have been made against expenses incurred in violation of Section 40A

SHIV SHAKTI CONSTRUCTIONS,GAUTAM BUDH NAGAR vs. ACIT, CENTRAL CIRCLE-11, NOIDA

In the result, all the Revenue’s Appeals are dismissed

ITA 2557/DEL/2022[2018-19]Status: DisposedITAT Delhi27 Jul 2023AY 2018-19

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

For Appellant: Shri Harish Choudhary CAFor Respondent: Shri H.K. Choudhary, CIT-DR

bogus purchases of Rs.8,11,39,611/- by invoking Section 37(1) of the Act. 7. The Assessing Officer also observed that large amount of cash payments have been made against expenses incurred in violation of Section 40A

DCIT CENTRAL CIRCLE-2, NOIDA vs. SHIV SHAKTI CONSTRUCTION, GREATER NOIDA

In the result, all the Revenue’s Appeals are dismissed

ITA 2834/DEL/2022[2017-18]Status: DisposedITAT Delhi27 Jul 2023AY 2017-18

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

For Appellant: Shri Harish Choudhary CAFor Respondent: Shri H.K. Choudhary, CIT-DR

bogus purchases of Rs.8,11,39,611/- by invoking Section 37(1) of the Act. 7. The Assessing Officer also observed that large amount of cash payments have been made against expenses incurred in violation of Section 40A

SHIV SHAKTI CONSTRUCTONS ,GAUTAM BUDH NAGAR vs. ACIT CENTAL CIRCLE-2, NOIDA

In the result, all the Revenue’s Appeals are dismissed

ITA 2555/DEL/2022[2016-17]Status: DisposedITAT Delhi27 Jul 2023AY 2016-17

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

For Appellant: Shri Harish Choudhary CAFor Respondent: Shri H.K. Choudhary, CIT-DR

bogus purchases of Rs.8,11,39,611/- by invoking Section 37(1) of the Act. 7. The Assessing Officer also observed that large amount of cash payments have been made against expenses incurred in violation of Section 40A

SHIV SHAKTI CONSTRUCTIONS,GAUTAM BUDH NAGAR vs. ACIT, CENTRAL CIRCLE-11, NOIDA

In the result, all the Revenue’s Appeals are dismissed

ITA 2558/DEL/2022[2019-20]Status: DisposedITAT Delhi27 Jul 2023AY 2019-20

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

For Appellant: Shri Harish Choudhary CAFor Respondent: Shri H.K. Choudhary, CIT-DR

bogus purchases of Rs.8,11,39,611/- by invoking Section 37(1) of the Act. 7. The Assessing Officer also observed that large amount of cash payments have been made against expenses incurred in violation of Section 40A

SHIV SHAKTI CONSTRUCTION,GAUTAM BUDH NAGER vs. ACIT, CENTRAL CIRCLE-2 , NOIDA

In the result, all the Revenue’s Appeals are dismissed

ITA 2556/DEL/2022[2017-18]Status: DisposedITAT Delhi27 Jul 2023AY 2017-18

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

For Appellant: Shri Harish Choudhary CAFor Respondent: Shri H.K. Choudhary, CIT-DR

bogus purchases of Rs.8,11,39,611/- by invoking Section 37(1) of the Act. 7. The Assessing Officer also observed that large amount of cash payments have been made against expenses incurred in violation of Section 40A

DCIT, CENTRAL CIRCLE-II, NOIDA vs. SHIV SHAKTI CONSTRUCTION, GREATER NOIDA

In the result, all the Revenue’s Appeals are dismissed

ITA 2835/DEL/2022[2016-17]Status: DisposedITAT Delhi27 Jul 2023AY 2016-17

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

For Appellant: Shri Harish Choudhary CAFor Respondent: Shri H.K. Choudhary, CIT-DR

bogus purchases of Rs.8,11,39,611/- by invoking Section 37(1) of the Act. 7. The Assessing Officer also observed that large amount of cash payments have been made against expenses incurred in violation of Section 40A

DCIT, CENTRAL CIRCLE-II, NOIDA vs. SHIV SHAKTI CONSTRUCTION, GREATER NOIDA

In the result, all the Revenue’s Appeals are dismissed

ITA 2836/DEL/2022[2015-16]Status: DisposedITAT Delhi27 Jul 2023AY 2015-16

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

For Appellant: Shri Harish Choudhary CAFor Respondent: Shri H.K. Choudhary, CIT-DR

bogus purchases of Rs.8,11,39,611/- by invoking Section 37(1) of the Act. 7. The Assessing Officer also observed that large amount of cash payments have been made against expenses incurred in violation of Section 40A

DCIT, CENTRAL CIRCLE-II, NOIDA vs. SHIV SHAKTI CONSTRUCTION, GREATER NOIDA

In the result, all the Revenue’s Appeals are dismissed

ITA 2837/DEL/2022[2018-19]Status: DisposedITAT Delhi27 Jul 2023AY 2018-19

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

For Appellant: Shri Harish Choudhary CAFor Respondent: Shri H.K. Choudhary, CIT-DR

bogus purchases of Rs.8,11,39,611/- by invoking Section 37(1) of the Act. 7. The Assessing Officer also observed that large amount of cash payments have been made against expenses incurred in violation of Section 40A

DCIT CENTRAL CIRCLE-2, NOIDA vs. SHIV SHAKTI CONSTRUCTION, GREATER NOIDA

In the result, all the Revenue’s Appeals are dismissed

ITA 2838/DEL/2022[2019-20]Status: DisposedITAT Delhi27 Jul 2023AY 2019-20

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

For Appellant: Shri Harish Choudhary CAFor Respondent: Shri H.K. Choudhary, CIT-DR

bogus purchases of Rs.8,11,39,611/- by invoking Section 37(1) of the Act. 7. The Assessing Officer also observed that large amount of cash payments have been made against expenses incurred in violation of Section 40A

DCIT, CENTRAL CIRCLE, GHAZIABAD, GHAZIABAD vs. SHRI IRFAN S/O SH. MEHARBAN, BULANDSHAHR

In the result, ground No.4 raised by the revenue is dismissed

ITA 3519/DEL/2025[2019-20]Status: DisposedITAT Delhi12 Feb 2026AY 2019-20

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

For Appellant: Ms. Bharti Sharma, Adv &For Respondent: Ms. Amish S Gupt, CIT DR
Section 143(3)Section 153ASection 263Section 68

Section 68 r.w.s 115BBE of the Act, without appreciating the fact that the assessee failed to discharge the primary onus to explain the nature and source of large credits appearing in its bank account. 4. Whether on facts and circumstances of the case and in law, the Ld. CIT(A)- IV, Kanpur has erred in deleting the addition

DCIT, CENTRAL CIRCLE, GHAZIABAD, GHAZIABAD vs. SHRI IRFAN S/O SH. MEHARBAN, BULANDSHAHAR

In the result, ground No.4 raised by the revenue is dismissed

ITA 3520/DEL/2025[2018-19]Status: DisposedITAT Delhi12 Feb 2026AY 2018-19

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

For Appellant: Ms. Bharti Sharma, Adv &For Respondent: Ms. Amish S Gupt, CIT DR
Section 143(3)Section 153ASection 263Section 68

Section 68 r.w.s 115BBE of the Act, without appreciating the fact that the assessee failed to discharge the primary onus to explain the nature and source of large credits appearing in its bank account. 4. Whether on facts and circumstances of the case and in law, the Ld. CIT(A)- IV, Kanpur has erred in deleting the addition

ACIT, NEW DELHI vs. M/S. NAGAR DAIRY PVT. LTD., NEW DELHI

In the result, Appeal of the Revenue in ITA No

ITA 5475/DEL/2015[2011-12]Status: DisposedITAT Delhi24 Nov 2022AY 2011-12

Bench: Dr. B. R. R. Kumar & Sh. Yogesh Kumar U.S.

For Respondent: “1. On the facts and in the circumstances of the case
Section 153CSection 2(22)(e)Section 271(1)(c)Section 40A(3)

bogus purchases. 4. On the facts and in the circumstances of the case, the Ld. CIT (A) has erred in adjudicating the addition made under section 40A

ACIT, NEW DELHI vs. M/S. NAGAR DAIRY PVT. LTD., NEW DELHI

In the result, Appeal of the Revenue in ITA No

ITA 5474/DEL/2015[2010-11]Status: DisposedITAT Delhi24 Nov 2022AY 2010-11

Bench: Dr. B. R. R. Kumar & Sh. Yogesh Kumar U.S.

For Respondent: “1. On the facts and in the circumstances of the case
Section 153CSection 2(22)(e)Section 271(1)(c)Section 40A(3)

bogus purchases. 4. On the facts and in the circumstances of the case, the Ld. CIT (A) has erred in adjudicating the addition made under section 40A

NKG INFRASTRUCTURE LTD,NEW DELHI vs. JCIT(OSD), CENTRAL CIRCLE-27, NEW DELHI

In the result, the appeal of the assessee and the appeal of the Revenue are partly allowed

ITA 2501/DEL/2022[2014-15]Status: DisposedITAT Delhi27 Jun 2023AY 2014-15

Bench: Shri C.M. Garg & Shri M. Balaganeshassessment Year: 2014-15 Nkg Infrastructure Ltd., Vs Jcit (Osd), 204, Kailash Building, Central Circle-27, 26, Kg Marg, New Delhi. New Delhi – 110 001. Pan: Aaccn1659D Assessment Year: 2014-15 Dcit, Vs. Nkg Infrastructure Central Circle-27, Ltd., New Delhi. 204, Kailash Building, 26, Kg Marg, New Delhi – 110 001. Pan: Aaccn1659D

For Appellant: Shri Akshat Jain, CA &For Respondent: Ms Raja Rajeshwari R., Sr. DR
Section 139(1)Section 143(3)Section 147Section 148Section 151Section 69C

bogus, the sale made to Anirudh & Raj Builders Pvt. Ltd. is genuine and this fact is not doubted by the Revenue. Hence, it would be just and fair to bring to tax only the profit embedded in the value of such disputed purchases. This profit has been consistently estimated by this Tribunal @ 12.5% on the value of disputed purchases which

DCIT, CENTRAL CIRCLE-27, NEW DELHI vs. NKG INFRASTRUCTURE LTD., NEW DELHI

In the result, the appeal of the assessee and the appeal of the Revenue are partly allowed

ITA 2662/DEL/2022[2014-15]Status: DisposedITAT Delhi27 Jun 2023AY 2014-15

Bench: Shri C.M. Garg & Shri M. Balaganeshassessment Year: 2014-15 Nkg Infrastructure Ltd., Vs Jcit (Osd), 204, Kailash Building, Central Circle-27, 26, Kg Marg, New Delhi. New Delhi – 110 001. Pan: Aaccn1659D Assessment Year: 2014-15 Dcit, Vs. Nkg Infrastructure Central Circle-27, Ltd., New Delhi. 204, Kailash Building, 26, Kg Marg, New Delhi – 110 001. Pan: Aaccn1659D

For Appellant: Shri Akshat Jain, CA &For Respondent: Ms Raja Rajeshwari R., Sr. DR
Section 139(1)Section 143(3)Section 147Section 148Section 151Section 69C

bogus, the sale made to Anirudh & Raj Builders Pvt. Ltd. is genuine and this fact is not doubted by the Revenue. Hence, it would be just and fair to bring to tax only the profit embedded in the value of such disputed purchases. This profit has been consistently estimated by this Tribunal @ 12.5% on the value of disputed purchases which

DCIT, CENTRAL CIRCLE-2, NOIDA vs. SHIV SHAKTI CONSTRUCTIONS, GREATER NOIDA

In the result, the appeal of the assessee in ITA

ITA 578/DEL/2023[2021-22]Status: DisposedITAT Delhi16 Feb 2026AY 2021-22

Bench: Shri Mahavir Singh & Shri Manish Agarwalasstt. Year: 2021-22 Shiv Shakti Constructions Vs Deputy Commissioner Of Incom- A-142, Omaxe, Nri City, Pari Tax Chowk, Greater Noida, Central Circle-Ii, 2Nd Floor, Arto Complex, Gautam Budh Nagar-201306, Uttar Pradesh Sector-33 Noida-201301 (Appellant) (Respondent) Pan No. Aazfs6406R & Asstt. Year: 2021-22 Deputy Commissioner Of Incom- Vs Shiv Shakti Constructions Tax A-142, Omaxe, Nri City, Pari Central Circle-Ii, Chowk, Greater Noida, 2Nd Floor, Arto Complex, Gautam Budh Nagar-201306, Sector-33 Uttar Pradesh Noida-201301 (Appellant) (Respondent) Pan No. Aazfs6406R

For Appellant: NoneFor Respondent: Ms. Rajinder Kaur, CIT (DR)
Section 132Section 143(3)

purchases and when summons and notices could not be properly responded. Further it has been found that in the search proceedings ample amount of evidences have been gathered and produced in the body of assessment order which clearly indicates that provisions of section 40A(3) of IT Act have been violated. But at the same time it cannot be ignored

SHIV SHAKTI CONSTRUCTIONS,GAUTAM BUDH NAGAR vs. DCIT, CENTRAL CIRCLE-II, NOIDA

In the result, the appeal of the assessee in ITA

ITA 34/DEL/2023[2021-22]Status: DisposedITAT Delhi16 Feb 2026AY 2021-22

Bench: Shri Mahavir Singh & Shri Manish Agarwalasstt. Year: 2021-22 Shiv Shakti Constructions Vs Deputy Commissioner Of Incom- A-142, Omaxe, Nri City, Pari Tax Chowk, Greater Noida, Central Circle-Ii, 2Nd Floor, Arto Complex, Gautam Budh Nagar-201306, Uttar Pradesh Sector-33 Noida-201301 (Appellant) (Respondent) Pan No. Aazfs6406R & Asstt. Year: 2021-22 Deputy Commissioner Of Incom- Vs Shiv Shakti Constructions Tax A-142, Omaxe, Nri City, Pari Central Circle-Ii, Chowk, Greater Noida, 2Nd Floor, Arto Complex, Gautam Budh Nagar-201306, Sector-33 Uttar Pradesh Noida-201301 (Appellant) (Respondent) Pan No. Aazfs6406R

For Appellant: NoneFor Respondent: Ms. Rajinder Kaur, CIT (DR)
Section 132Section 143(3)

purchases and when summons and notices could not be properly responded. Further it has been found that in the search proceedings ample amount of evidences have been gathered and produced in the body of assessment order which clearly indicates that provisions of section 40A(3) of IT Act have been violated. But at the same time it cannot be ignored