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ITAT limits Bogus Purchase Addition to 5%; No Section 271(1)(c) Penalty on Estimated Additions
Case Law Details
- Case Name
- ITO Vs Borda Brothers (ITAT Surat)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 08/04/2025
- Courts
- All ITAT, ITAT Surat
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ITO Vs Borda Brothers (ITAT Surat)
Conclusion: Since the business sales were accepted as genuine and only the purchases were routed through accommodation entries, only a part of the purchases needed adjustment to reflect possible inflation of expenses confirming the restriction of bogus purchase addition to 5% and when additions were made on an estimated basis, penalty for concealment under Section 271(1)(c) could not be imposed.
Held: Assessee-Borda Brothers, a firm engaged in the diamond trade, had filed its return of income for Assessment Year 2007-08 declaring total income...




