Shairul Impex v. ITO
Finin2min Judgment Intelligence is provided for general informational and educational purposes only. It is not legal, tax, accounting, investment or other professional advice and is not a substitute for advice on the user's specific facts. The Finin2min summary, Q&A, reliance profile, fact-match indicators, comparisons and practical takeaways are editorial analysis and are not part of the Court/Tribunal judgment. Before citing, filing, advising or acting on a case, read the complete official judgment/order, verify the cause title, case number, coram, date, applicable statutory text and jurisdiction, and check subsequent appellate history, review/SLP status and later amendments. A similar fact pattern does not guarantee the same outcome. No advocate-client, CA-client or other professional relationship is created by use of this page.
Case in 2 minutes
The reported Tribunal decision applies the pre-amended reassessment limitation framework and treats an alleged bogus-purchase amount as a revenue item rather than an asset for the extended limitation test.
Case snapshot
Sections / provisions: 147; 149; 69C
Questions before the Court / Tribunal
- Old-law reassessment limitation; bogus purchase is not an asset: The reported Tribunal decision applies the pre-amended reassessment limitation framework and treats an alleged bogus-purchase amount as a revenue item rather than an asset for the extended limitation test.
Material facts and background
The ld. AR reiterated the facts of the case through material available on
record, stating that the assessee is a partnership firm, had filed its return of income for AY 2014-15 on 25.09.2014, declaring a total income of Rs. 12,69,240/-. Further as per information available during the search and seizure action on Rajendra Jain Group, it is revealed that the assessee has obtained accommodation entries in the nature of bogus purchase from M/s Narayan Gems and M/s Nazar Impex Pvt. Ltd. amounting to Rs. 3,02,93,611/- during the relevant year. Such information prompted the revenue to form a belief that the income chargeable to tax has escaped in the present matter. Accordingly notice under section 148 was issued on 19.04.2021 after recording reasons along with prior approval of the sanctioning authority. Subsequently, the procedure of reopening was initiated, as per amended regime following the decision of Union 3
of India vs. Ashish Agarwal [2022] 138 taxmann.com 64 (SC). After following the entire proceedings, notice under section 148 dated 27.03.2022 was issued to the assessee. During the course of proceedings statutory notices under section 143(2) and 142(1) of the Act were issued along with questionnaire which were responded by the assessee. On deliberations, the ld. AO was not convinced with the submissions of assessee, therefore had added the entire amount of alleged bogus purchase to the income of the assessee. The issue then was carried before the ld. CIT(A), who had discussed the legal contentions raised by the assessee as well as the contentions on merits and have dismissed the appeal of assessee by confirming the addition made by ld. AO. 5.
Being aggrieved with the aforesaid decision of ld. CIT(A), the assessee
preferred the present appeal which is under consideration before us.
The first legal contention raised by ld. AR was that the assessee’s case was reopened following the provisions of section 149 of the Act. The ld. AR has submitted an comparison of section 149(1) and its application to the relevant AY and the amended provisions, the same is extracted as under: Income-Tax Act, 1961 - As Amended by Finance Act 2025 Time limit for notices under sections 148 and 148A. 149. (1) No notice under section 148 shall be issued for the relevant assessment year,(a) if three years and three months have elapsed from the end of the relevant assessment year, unless the case falls under clause (b); (b) if three years and three months, but not more than five years and three months, have
Income-Tax Act, 1961 Amended by Finance Act 2021 [Time limit for notice.
Appellant / assessee submissions
The ld. AR reiterated the facts of the case through material available on
The first legal contention raised by ld. AR was that the assessee’s case was reopened following the provisions of section 149 of the Act. The ld. AR has submitted an comparison of section 149(1) and its application to the relevant AY and the amended provisions, the same is extracted as under: Income-Tax Act, 1961 - As Amended by Finance Act 2025 Time limit for notices under sections 148 and 148A. 149. (1) No notice under section 148 shall be issued for the relevant assessment year,(a) if three years and three months have elapsed from the end of the relevant assessment year, unless the case falls under clause (b); (b) if three years and three months, but not more than five years and three months, have
The ld. AR further submitted that the identical issue has been came up
It is further submitted by the ld. AR that the subject matter of
disallowance in the present case was bogus purchase, which a profit and loss item and cannot be considered as an asset. To support this contention the ld. AR 9
Revenue / respondent submissions
Per contra, the ld. Sr. DR representing the revenue submitted that the ld.
Court / Tribunal analysis and reasoning
placed his reliance on the decision of Hon’ble Bombay High Court in the case of Hexaware Technologies Ltd. vs. ACIT [2024] 162 taxmann.com 225 (Bom.HC), wherein on the issue of deduction under section 80JJA it was held by the Hon’ble Court that the deduction under section 80JJA cannot represent escapement of income in the form of asset, therefore the notice issued by ld. AO has been held as invalid. The relevant findings of Hon’ble Court in Hexaware Technologies Ltd. (supra) are as under: “40. As regards issue no. 5, it is petitioner's case that the issues raised in the impugned initial notice and the impugned order pertain to correct claim of deduction/allowances or the expenditure incurred. There is also no allegation regarding income escaping tax on account of any undisclosed asset. In the impugned order, the Assessing Officer has restricted the escapement of income only with regard to Rs. 6,54,04,038/-on the claim of deduction under section 80JJAA of the Act and disallowance of excess claim of Forex loss of Rs. 6,90,80,180/-, On the Forex loss, respondent has prima facie accepted the contentions of petitioner that there was a Forex loss. Therefore, the same cannot be justified...
case of assessee in the present matter which is before the Finance Act, 2022 the alleged bogus purchase cannot constitute an asset to be treated as income that has escaped assessment, therefore the notice issued under section 148 in violation of provisions of section 149(1)(b) of the Act is liable to be quashed. 11.
AO as well as the ld. CIT(A) has rightly adjudicated the issues and have arrived at a logical conclusion based on credible information with the ld. AO, whereas the assessee was squarely failed to prove the genuineness of purchases recorded in the books, therefore the impugned decision was on a proper appreciation of the facts and cannot be held to be on surmises. It is submitted that the order of ld. CIT(A) deserves to be upheld. 12.
considered view that the pre-requisite conditions of section 149(1)(b) could not be complied by the ld. AO, while issuing the notice under section 148, such notice issued, thus, cannot be treated to be a valid notice and therefore the proceedings consequent to such notice would be also be treated as bad-in-law,
present case was an invalid notice in the eyes of law and consequential assessment is liable to be quashed, the quantum addition made in present case, therefore stands deleted. The other legal contention or controversies raised on merits are, thus, rendered as academic only, so are not adjudicated. 15.
Operative decision and relief
present case was an invalid notice in the eyes of law and consequential assessment is liable to be quashed, the quantum addition made in present case, therefore stands deleted. The other legal contention or controversies raised on merits are, thus, rendered as academic only, so are not adjudicated. 15.
Sd/(JUSTICE (RETD.) C.V. BHADANG) President Mumbai, Dated : 06-03-2026. *SK, Sr. PS
The Appellant The Respondent DR, ITAT, Mumbai Guard File CIT BY ORDER, (Dy./Asstt. Registrar) ITAT, Mumbai
Authorities and precedents appearing in the judgment
- India vs. Ashish Agarwal
- Madras High Court in the case of IDFC Ltd. vs. DCIT
- Hexaware Technologies Ltd. vs. ACIT
- Madras High Court in the case of IDFC Ltd. vs. DCIT (supra) has
This list is machine-assisted from the judgment text and is not a substitute for checking the full citation chain in the PDF.
Ratio and legal principle
The decision turns on Old-law reassessment limitation; bogus purchase is not an asset. The operative result is classified as Quashed Or Set Aside. Read the rule only with the statutory version, factual findings and precedent chain recorded in the full judgment.
Why this judgment matters
The case is relevant to taxpayers, advisers and litigators dealing with Old-law reassessment limitation; bogus purchase is not an asset. Its practical value lies in the interaction between the statutory text, the evidentiary record and the procedural route followed in this case.
Practitioner action points
- Reconstruct the reassessment timeline: original assessment, section 148A notice/reply, approval authority, notice date and the applicable section 149 limitation window.
- Preserve the complete response to section 148A(b), objections and proof of disposal; jurisdictional defects are often decided from the documentary chronology.
- Build a transaction-level evidence file: confirmations, bank trail, invoices, ledger, tax/GST records and counter-party material rather than relying on a generic explanation.
- Where the addition depends on a third-party statement or investigation report, record the request for the relied material and cross-examination at the earliest stage.
- For litigation, attach the full judgment/order to the working paper and cite the paragraph/page supporting the proposition rather than relying on a headnote alone.
Do not over-read this case
- The packaged PDF is not yet an issuing-authority certified copy
- Apply the statutory law applicable to the relevant year; later amendments can change the result.
- Check whether a later High Court or Supreme Court judgment has affirmed, distinguished, reversed or superseded this decision.
Finin2min Judgment Intelligence
Decision support built around the judgment: reliance, fact match, Q&A, section impact, related-case network and practical next steps.
Can I rely on this judgment?
| Authority level | ITAT |
|---|---|
| Reliance effect | Tribunal precedent. Persuasive for similar facts; subject to the jurisdictional High Court and Supreme Court. Coordinate-Bench discipline should be checked. |
| Source integrity | A sanitized local full-text judgment copy is packaged; official-primary replacement remains pending. |
| Subsequent history | Subsequent appellate history is not fully closed in the current ledger. Recheck before filing or opinion work. |
| Finin2min status | Later-history check open |
Does this case match your facts?
Stronger match when
- Your dispute raises the same core issue: Old-law reassessment limitation; bogus purchase is not an asset.
- The same statutory provisions or materially equivalent provisions apply: 147, 149, 69C.
- Your matter is at a comparable reassessment stage.
- Your documentary/evidentiary record is materially similar to the facts the ITAT Mumbai considered: The ld.
- The same legal regime or assessment-period rules relevant to AY 2014-15 apply to your matter.
Weaker / distinguishable when
- A later Supreme Court or jurisdictional High Court ruling changes the legal position.
- The statutory provision was amended for your year or transaction.
- Your evidence, transaction structure, notice chronology or procedural stage differs on a fact the judgment treated as material.
- The case succeeded on a narrow jurisdictional/procedural defect that the authority has cured in your matter.
Questions this judgment answers
What was the main dispute in Shairul Impex?
The reported Tribunal decision applies the pre-amended reassessment limitation framework and treats an alleged bogus-purchase amount as a revenue item rather than an asset for the extended limitation test.
Which facts mattered most to the result?
The ld. AR reiterated the facts of the case through material available on record, stating that the assessee is a partnership firm, had filed its return of income for AY 2014-15 on 25.09.2014, declaring a total income of Rs. 12,69,240/-.
What did the ITAT Mumbai ultimately decide?
present case was an invalid notice in the eyes of law and consequential assessment is liable to be quashed, the quantum addition made in present case, therefore stands deleted. The other legal contention or controversies raised on merits are, thus, rendered as academic only, so are not adjudicated. 15.
What legal principle can be taken from this judgment?
The decision turns on Old-law reassessment limitation; bogus purchase is not an asset. The operative result is classified as Quashed Or Set Aside. Read the rule only with the statutory version, factual findings and precedent chain recorded in the full judgment.
Which provisions should be checked before relying on the case?
The case engages 147, 149, 69C. The relevant statutory version for AY 2014-15 should be checked together with any later amendment, notification, circular and controlling higher-court authority.
When is this judgment most useful to a taxpayer or adviser?
The case is relevant to taxpayers, advisers and litigators dealing with Old-law reassessment limitation; bogus purchase is not an asset . Its practical value lies in the interaction between the statutory text, the evidentiary record and the procedural route followed in this case.
What could make this judgment distinguishable or unsafe to rely on?
The packaged PDF is not yet an issuing-authority certified copy Apply the statutory law applicable to the relevant year; later amendments can change the result. Check whether a later High Court or Supreme Court judgment has affirmed, distinguished, reversed or superseded this decision.
Can this judgment be cited as current law without another check?
Tribunal precedent. Persuasive for similar facts; subject to the jurisdictional High Court and Supreme Court. Coordinate-Bench discipline should be checked. Subsequent appellate history is not fully closed in the current ledger. Recheck before filing or opinion work. A sanitized local full-text judgment copy is packaged; official-primary replacement remains pending.
Section / provision impact
- 147 — 147 is part of the statutory framework considered in the context of old-law reassessment limitation; bogus purchase is not an asset. Read the exact provision applicable to the relevant year with the Court/Tribunal reasoning.
- 149 — 149 is part of the statutory framework considered in the context of old-law reassessment limitation; bogus purchase is not an asset. Read the exact provision applicable to the relevant year with the Court/Tribunal reasoning.
- 69C — 69C is part of the statutory framework considered in the context of old-law reassessment limitation; bogus purchase is not an asset. Read the exact provision applicable to the relevant year with the Court/Tribunal reasoning.
How the decision changes your analysis
Before using this authority, frame the issue under 147, 149, 69C and identify the decisive facts/evidence. The result should not be assumed from the case title alone.
The decision turns on Old-law reassessment limitation; bogus purchase is not an asset. The operative result is classified as Quashed Or Set Aside. Read the rule only with the statutory version, factual findings and precedent chain recorded in the full judgment.
Tribunal precedent. Persuasive for similar facts; subject to the jurisdictional High Court and Supreme Court. Coordinate-Bench discipline should be checked. Subsequent appellate history is not fully closed in the current ledger. Recheck before filing or opinion work.
Case network: similar and different outcomes
Authorities appearing in this judgment: India vs. Ashish Agarwal; Madras High Court in the case of IDFC Ltd. vs. DCIT; Hexaware Technologies Ltd. vs. ACIT; Madras High Court in the case of IDFC Ltd. vs. DCIT (supra) has
Closest related cases in the Finin2min repository
Related cases with a different result
Related-case links are repository similarity connections, not a claim that one judgment cites or overrules another. Use the cited-authority list and later-history check for formal precedent analysis.
Working-paper citation
Full judgment and source trail
Read / download the clean local judgment copy
| Packaged source class | Sanitized local full-judgment copy; official primary replacement pending |
|---|---|
| Pages | 14 |
| SHA-256 | 330c34f38ef5c0e4fbea0ed1df781d85f5556376adc360116cd9d80ae7487b3e |
| Local document URL | Open the packaged local document |
| Source authentication | Sanitized local full-text copy - official primary replacement pending |
Related Finin2min guidance
Sections and statute
The numbered references below belong to the statutes and versions identified in this judgment. They are citation labels, not a crosswalk to same-number sections of the Income-tax Act, 2025.
Section 148Section 143Section 149Section 68