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Mumbai ITAT Restricts Bogus Purchase Addition to Gross Profit Element

Case Law Details

TaxGuru Citation
2026 taxguru.in 9260
Case Name
Ketan Gokuldas Badiani Vs ITO (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2010-11
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Ketan Gokuldas Badiani Vs ITO (ITAT Mumbai)

Mumbai ITAT: In Bogus Purchase Cases, Addition Restricted to Gross Profit Element; 917-Day Delay Condoned

The Mumbai ITAT condoned a 917-day delay in filing the appeal after accepting the assessee’s explanation that the CIT(A)’s order had not come to his knowledge due to the auction of his residence under the SARFAESI Act, and that he discovered the order only upon checking the income-tax e-filing portal following an email regarding outstanding demand. On merits, the Tribunal found that the issue of bogus purchases had already been decided in the assessee’s own case for an earlier assessment year. Following its earlier order and the Bombay High Court’s decision in PCIT v. M. Haji Adam & Co., the Tribunal reiterated that where sales are accepted as genuine, the entire alleged bogus purchases cannot be disallowed. Instead, the addition should be restricted to the profit element embedded in such purchases by applying the same gross profit rate as that earned on genuine purchases. The matter was accordingly restored to the Assessing Officer for recomputation after granting the assessee an opportunity of hearing, and the appeal was partly allowed.

Cases Discussed

FULL TEXT OF THE ORDER OF ITAT MUMBAI

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 7,300

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