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Income Tax

Bogus Purchase Disallowance Limited to 6% Due to Genuine Sales

Case Law Details

TaxGuru Citation
2025 taxguru.in 12169
Case Name
ACIT Vs Parul Diamond (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2007-08
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ACIT Vs Parul Diamond (ITAT Mumbai)

Bogus Purchase Saga Ends With 6% GP — Once Sales Accepted, Only Profit Element Taxable -ITAT Mumbai Rejects 100% Disallowance

Revenue challenged restriction of addition to 6% of alleged bogus purchases of Rs. 6,66,602 from Mohit Enterprises, stated to be a Bhawarlal Jain accommodation entry concern, while Assessee (a diamond trader) filed CO seeking full deletion and attacking reopening u/s 148.

Assessee had filed purchase bills, sales register, stock book, bank statements, export realisation certificates, confirmation from supplier, and an affidavit of proprietor of Mohit Enterprises. AO however disallowed 100% purchases relying on Investigation Wing findings that the supplier was a shell entity of Jain group.

CIT(A) held purchases to be non-genuine but followed Sai Diamond (sister concern in same line of business) and restricted addition to 6% GP, as sales were accepted and no contrary material was brought by AO.

ITAT noted that—

  • AO had issued s.133(6) notice & supplier confirmed purchases.
  • When sales are accepted & basic evidences exist, entire disallowance is unjustified.
  • Consistency with Sai Diamond warranted 6% addition only.

Accordingly, both Revenue’s appeal & Assessee’s cross-objection were dismissed, thereby sustaining GP addition of only Rs. 39,996 and rejecting plea for 100% disallowance as well as CO claims.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,879

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