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27 results for “bogus purchases”+ Section 145(3)clear

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Key Topics

Section 6832Addition to Income27Section 143(3)25Disallowance13Section 145(3)9Section 234A9Section 10(38)8Section 143(2)5Survey u/s 133A5Section 69C

OMPRAKASH JAISWAL,INDORE vs. ACIT-1(1), INDORE

Appeal is partly allowed for statistical purpose

ITA 443/IND/2024[2017-18]Status: DisposedITAT Indore24 Feb 2025AY 2017-18
Section 143(3)Section 68

bogus purchases were recorded and opening and closing\nstock was not verifiable. As pointed out by the Id. Counsel for the assessee, in\nterms of provisions of Section 145(3

DCIT 5(1) , BHOPAL vs. VANISHA MINERALS P LTD, BHOPAL

In the result, this appeal of Revenue is dismissed

ITA 324/IND/2020[2016-17]Status: DisposedITAT Indore21 Sept 2022AY 2016-17

Bench: Shri Siddhartha Nautiyal & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2016-17 Dcit-5(1) Vanisha Minerals Pvt. Bhopal Ltd., Bhopal बनाम/ Vs. (Appellant / Revenue) (Respondent / Assessee) Pan: Aaecv 9083 B Assessee By Shri Ashish Goyal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 29.08.2022 Date Of Pronouncement 21.09.2022

Showing 1–20 of 27 · Page 1 of 2

4
Section 115B4
Penalty4
Section 143(2)Section 143(3)Section 145(3)

section 145(3) of the Act for the reasons mentioned in Para 4 above. The ld. A.O relying upon the Judgment of Hon'ble high court of M.P in case of Badri Prasad Bhagwan das & Co.(supra) estimated Sales at 2.5 times of the License fees and net Profit at 5% on the estimated sales. No specific item has been

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTION) CIRCLE BHOPAL, BHOPAL vs. MAYANK WELFARE SOCIETY, INDORE

In the result, Revenue’s appeal for the AY 2013-14

ITA 776/IND/2018[2015-16]Status: DisposedITAT Indore29 Oct 2021AY 2015-16

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

Section 115BSection 143(3)

bogus donations in their names to channelize its unaccounted money -. ' The assessee in response to the specific show cause in this regard has argued that the, statements have been recorded behind the assessee and no cross enquiry was given to the assessee. Such submissions have been duly considered but not found acceptable. The assessee despite repeated requested failed to furnish

THE DCIT, (EXEMPTION) CIRCLE, BHOPAL vs. M/S. MAYANK WELFARE SOCIETY, BHOPAL

In the result, Revenue’s appeal for the AY 2013-14

ITA 232/IND/2017[2013-14]Status: DisposedITAT Indore29 Oct 2021AY 2013-14

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

Section 115BSection 143(3)

bogus donations in their names to channelize its unaccounted money -. ' The assessee in response to the specific show cause in this regard has argued that the, statements have been recorded behind the assessee and no cross enquiry was given to the assessee. Such submissions have been duly considered but not found acceptable. The assessee despite repeated requested failed to furnish

MATHARLAL MUNGALAL AGRAWAL,KHANDWA vs. THE ITO, KHANDWA

ITA 20/IND/2019[2014-15]Status: DisposedITAT Indore25 Jan 2023AY 2014-15

Bench: Ms. Madhumita Roy & Shri B.M. Biyani

Section 133(6)Section 143(3)Section 145(3)Section 69

bogus- purchase just to claim deduction of expenditure. Finally, the Ld. AO rejected the books of account of assessee by invoking section 145(3

SHRI CHANDRA MOHAN SACHDEVA,BHOPAL vs. THE ACIT 1(2), BHOPAL

In the result, the appeals in I

ITA 858/IND/2016[2006-07]Status: DisposedITAT Indore07 May 2018AY 2006-07

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. Nos.857 & 858/Ind/2016 "नधा"रणवष" / Assessment Years: 2005-06 & 2006-07 Shri Chandra Mohan Assistant Commissioner Sachdeva, Of Income-Tax, E-5/59, Arera Colony, Vs. 1(2), Bhopal Bhopal

Section 133ASection 143(3)Section 68

bogus purchases deserves to be quashed. B) Supression of Sales of eggs : B-l)A.Y. 2005-06 - Rs. 3,33,333/- Daily sales reports for the period 05-08-2004 to 09-08-2004 were found during survey. The AO observed that :- (a) In the daily production sale sheets sale in the name of Hazi and Anjumare were not reflected

SHRI CHANDRA MOHAN SACHDEVA,BHOPAL vs. THE ACIT 1(2), BHOPAL

In the result, the appeals in I

ITA 857/IND/2016[2005-06]Status: DisposedITAT Indore07 May 2018AY 2005-06

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. Nos.857 & 858/Ind/2016 "नधा"रणवष" / Assessment Years: 2005-06 & 2006-07 Shri Chandra Mohan Assistant Commissioner Sachdeva, Of Income-Tax, E-5/59, Arera Colony, Vs. 1(2), Bhopal Bhopal

Section 133ASection 143(3)Section 68

bogus purchases deserves to be quashed. B) Supression of Sales of eggs : B-l)A.Y. 2005-06 - Rs. 3,33,333/- Daily sales reports for the period 05-08-2004 to 09-08-2004 were found during survey. The AO observed that :- (a) In the daily production sale sheets sale in the name of Hazi and Anjumare were not reflected

THE ACIT, 2(1), UJJAIN vs. SHRI RAJENDRA SARAF, BARNAGAR

In the result, appeal of the revenue is dismissed by upholding the order of CIT(A), wherein part relief was granted to the assessee

ITA 1039/IND/2016[2011-12]Status: DisposedITAT Indore28 Sept 2017AY 2011-12

Bench: Shri Chandra Mohan Garg & Shri O.P.Meenaassessment Year: 2011-12

Section 143(3)Section 145(3)Section 68

section 145 should be applied and profit should be determined at reasonable figure. The appellant has shown the net profit which is comparable from the previous years trading results which has been accepted by the department. In any business earning profit margin of 16% is unthinkable. The actual document found during the course of survey suggests that the appellant

THE DCIT-1(1), INDORE vs. M/S. BABYLISS CURLS & CURVES PVT. LTD., INDORE

In the result, appeal of the revenue is dismissed by upholding the order of CIT(A), wherein part relief was granted to the assessee

ITA 741/IND/2015[2011-12]Status: DisposedITAT Indore28 Sept 2017AY 2011-12

Bench: Shri Chandra Mohan Garg & Shri O.P.Meenaassessment Year: 2011-12

Section 143(3)Section 145(3)Section 68

section 145 should be applied and profit should be determined at reasonable figure. The appellant has shown the net profit which is comparable from the previous years trading results which has been accepted by the department. In any business earning profit margin of 16% is unthinkable. The actual document found during the course of survey suggests that the appellant

PIYUSH JAIN,INDORE vs. INCOME TAX OFFICER-4(4), INDORE , ITO, INDORE

In the result, the appeal filed by the assessee is allowed

ITA 368/IND/2024[2017-18]Status: DisposedITAT Indore07 Mar 2025AY 2017-18
For Appellant: Sh. Gagan Tiwari & Ms. Priyal Jain, ARsFor Respondent: Sh. Ashish Porwal, Sr. D. R
Section 143(3)Section 199CSection 250Section 68

purchase or bogus sales which are brought on record by the Assessing Officer\nand as such, he says that in the instant case, there is no ground for rejection of the\nbooks of account and as such the applicability of section 145(3

ACIT KHANDWA, KHANDWA vs. M.S, SITARAM AGRAWAL, KASRAWAD

In the result appeal of the revenue stands dismissed

ITA 925/IND/2018[2014-15]Status: DisposedITAT Indore20 Aug 2020AY 2014-15

Bench: Shri Kul Bharat & Shri Manish Boradassessment Years: 2014-15 Assistant Commissioner Of M/S. Sitaram Agrawal, Income Tax, Vs. Prop. M/S Smo Khandwa Industries, Indore Road, Kasrawad, Dist. Khargone (M.P) (Revenue ) (Appellant) Pan No.Aazpa9277E Appellant By S/Shri S.N. Agrawal & Pankaj Mourya, Ars Revenue By Shri R.P. Mourya, Sr. Dr Date Of Hearing 29.07.2020 Date Of Pronouncement 20.08.2020 O R D E R

Section 143(2)Section 143(3)Section 145(3)

bogus persons was out of the amounts appearing m the 'Dasti Bahi.'This finding of fact has not been controverted by the Revenue before us. The assessee was carrying on the business of ‘Arhat’ and undisclosed income was found recorded in the 'Dasti Bahi'. The AO had made the addition on the basis of entries recorded in the regular books

DCIT , CENTRAL -2 , INDORE vs. M/S GREAT GALLEON VENTURES LTD , INDORE

In the result, the appeals of the Revenue bearing ITANo

ITA 67/IND/2021[2015-16]Status: DisposedITAT Indore23 Dec 2021AY 2015-16

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad

Section 145(3)Section 153ASection 68Section 69ASection 69C

bogus loans by the assessee is evident from one mobile message, the screenshot which has been reproduced by the AO at page no. 24 of his Order. The ld. CIT(DR) also stressed that the names of the lender companies were included in the list of the shell companies notified by the Department. M/sGreat Galleon Ventures

DCIT , CENTRAL -2 , INDORE vs. M/S GREAT GALLEON VENTURES LTD , INDORE

In the result, the appeals of the Revenue bearing ITANo

ITA 68/IND/2021[2016-17]Status: DisposedITAT Indore23 Dec 2021AY 2016-17

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad

Section 145(3)Section 153ASection 68Section 69ASection 69C

bogus loans by the assessee is evident from one mobile message, the screenshot which has been reproduced by the AO at page no. 24 of his Order. The ld. CIT(DR) also stressed that the names of the lender companies were included in the list of the shell companies notified by the Department. M/sGreat Galleon Ventures

M/S RADHISHWARI DEVLOPERS P LTD,INDORE vs. PR CIT -2 INDORE, INDORE

In the result, Assessee’s appeal in ITANo

ITA 493/IND/2018[13-14]Status: DisposedITAT Indore20 Jul 2021

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing Assessment Year 2013-14 M/S. Radhishwari Developers P. Ltd. (Now Known As R.C. Warehousing Pvt. Ltd. ) Indore : Appellant Pan :Aafcr1916A V/S Pr. Cito-2 : Respondent Indore Appellant By S/Shri Sumit Nema Sr. Adv. With Gagan Tiwari & Piyush Parashar Advs. Revenue By Shri S.S. Mantri, Cit-Dr Date Of Hearing 24.05.2021 Date Of Pronouncement 20.07.2021

Section 133(6)Section 143(2)Section 143(3)Section 263

bogus nature of the subject transactions. This, under such circumstances the order passed by the learned Assessing Officer u/s 143(3) cannot be said as prejudicial to the interest of the revenue and thus, needs to be quashed. M/s. Radheshwari Developers Pvt. Ltd. Without prejudice further, to the above it is submitted that the recourse to section

SHRI SANJAY SOMANI,INDORE vs. THE DCIT-5(1), INDORE

In the result, the appeals of the assessee is allowed for all

ITA 236/IND/2016[2004-05]Status: DisposedITAT Indore02 May 2017AY 2004-05

Bench: Shri Chandra Mohan Gargbefore Shri Chandra Mohan Gargbefore Shri Chandra Mohan Gargbefore Shri Chandra Mohan Garg & Shri O.P.Meena, Accountant & Shri O.P.Meena & Shri O.P.Meena, Accountant & Shri O.P.Meenamember Member

Section 132Section 132(4)Section 148Section 271(1)

section 40A(3) of the Act. Thus, the said amount was treated as Shri Sanjay Somani/ I.T.A. No.757&758/Ind/2014/AY:03-04&05-06 & I.T.A. No. 236/Ind/2016/AY04-06 Page 5 of 11 invested in purchases from undisclosed sources. The penalty proceedings u/s 271(1) (c) of the Act were initiated in respect of above addition. In reply to penalty show cause notice

SMT. SHEELA AGRAWAL,INDORE vs. ITO-5(5), INDORE

In the result, all three appeals of two assessee are allowed

ITA 216/IND/2019[2015-16]Status: DisposedITAT Indore21 Jun 2023AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 10(38)Section 68

145 taxmann.com 315 (Kolkata-Trib) 3. Suman Poddar vs. ITO 112 taxmann.com 330 (SC) 4. Sandeep Bhargava vs. ACIT 109 taxmann.com 174 (Delhi –Trib) 5.Pooja Ajmani vs. ITO 177 ITD 127 (Delhi –Trib) 8. He has submitted that in the above decisions when the investment was made in the Penny stock companies and assessee failed to establish the genuineness

ANKUR AGRAWAL,INDORE vs. ITO-5(1), INDORE

In the result, all three appeals of two assessee are allowed

ITA 217/IND/2019[2015-16]Status: DisposedITAT Indore21 Jun 2023AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 10(38)Section 68

145 taxmann.com 315 (Kolkata-Trib) 3. Suman Poddar vs. ITO 112 taxmann.com 330 (SC) 4. Sandeep Bhargava vs. ACIT 109 taxmann.com 174 (Delhi –Trib) 5.Pooja Ajmani vs. ITO 177 ITD 127 (Delhi –Trib) 8. He has submitted that in the above decisions when the investment was made in the Penny stock companies and assessee failed to establish the genuineness

SMT. SHEELA AGRAWAL,INDORE vs. ITO-5(5), INDORE

In the result, all three appeals of two assessee are allowed

ITA 215/IND/2019[2014-15]Status: DisposedITAT Indore21 Jun 2023AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 10(38)Section 68

145 taxmann.com 315 (Kolkata-Trib) 3. Suman Poddar vs. ITO 112 taxmann.com 330 (SC) 4. Sandeep Bhargava vs. ACIT 109 taxmann.com 174 (Delhi –Trib) 5.Pooja Ajmani vs. ITO 177 ITD 127 (Delhi –Trib) 8. He has submitted that in the above decisions when the investment was made in the Penny stock companies and assessee failed to establish the genuineness

ASST. COMMISSIONER OF INCOME TAX (CENTRAL)-I, BHOPAL , BHOPAL vs. SOM DISTILLERIES PRIVATE LIMITED, BHOPAL

Appeal is partly allowed for statistical

ITA 289/IND/2023[2014-15]Status: DisposedITAT Indore02 Aug 2024AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 139(1)Section 143(2)Section 143(3)Section 234A

bogus by the Ld. AO. Only a general remark in the assessment has been made. The Ld. AO did not reject books of accounts before making such disallowance which is against the various judicial pronouncements wherein it has been held that such disallowance is not legally sustainable. Hon’ble Apex Court in the case of Dhakeshwari Cotton Mills Ltd reported

SOM DISTILLERIES PVT. LTD.,BHOPAL vs. ITO-1(3), BHOPAL

Appeal is partly allowed for statistical

ITA 272/IND/2023[2014-15]Status: DisposedITAT Indore02 Aug 2024AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 139(1)Section 143(2)Section 143(3)Section 234A

bogus by the Ld. AO. Only a general remark in the assessment has been made. The Ld. AO did not reject books of accounts before making such disallowance which is against the various judicial pronouncements wherein it has been held that such disallowance is not legally sustainable. Hon’ble Apex Court in the case of Dhakeshwari Cotton Mills Ltd reported