TMI Blog2023 (1) TMI 419X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Toubro Ltd. There is no material to suggest, that accommodation entries were provided by FFPL to these companies. We may also note, that in this particular case, notice u/s 148A(b) was issued even without conducting an enquiry, as required u/s 148A(a) of the Act.The said provision requires approval of the specified authority for conducting an enquiry. In our view, had such an enquiry been conducted before issuance of the notice, then the kind of flaws that have emerged, to which we have made a reference above, would not have, possibly, occurred. Instead of conducting an independent enquiry, the respondents/revenue relied upon the information supplied by the CGST authorities. Thus we are inclined to quash the impugned orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 27AAMCA5425A1ZZ) (PAN: AAMCA5425A) is engaged in issuing/generating/providing /fake/bogus invoices for passing of fraudulent input tax credit without supply of goods. The information shared pertains to 12 entities of which in case of only 6 entities, information of entries provided by issuance of fake invoices pertaining to FY 2017-18relevant to AY 2018-19 are found. The GST returns filed by these six parties are downloaded and information pertaining to beneficiary PANs are summarized as under. Sl. No. Name of the entity Whether information pertains to AY 2018-19 is available 1 M/s Advance Computers and Mobiles India Pvt. Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... From the above discussion, it is established that the assessee company is one of the beneficiaries of bogus billings / entries. Therefore, an amount of Rs. 37,33,626/- has escaped assessment for the A.Y. 2018-19 which needs to be brought to tax by issuing notice u/s 148 of the Income Tax Act, 1961. In view of above, you are hereby asked to show cause as to why a notice u/s 148 of the Income Tax Act, 1961 may not be issued against you on the basis of information and further verification from record suggesting that the income chargeable to tax has escaped assessment for the A.Y. 2018-19. 3. A perusal of the aforesaid extract would show, that according to the respondents/revenue, an entity going by the name Advance Compute ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cumulative value of the invoices raised by the petitioner was Rs. 37,33,626/- (basic amount, excluding tax). Therefore, the petitioner, in sum, took the position, that firstly, it had not entered into any purchase transaction, as alleged by the respondents/revenue, and secondly, it had, in fact, rendered services in the relevant period amounting to Rs. 37,33,626/- and that this amount had been disclosed, on which tax had been paid. 6. A perusal of the impugned order passed thereafter on 26.03.2022 would show, that the assessing officer made a bald assertion, that the explanation and supporting documents were not found satisfactory and conclusive. 6.1 Accordingly, the assessing officer went on to hold that all transactions amounting t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10.1 There is no material to suggest, that accommodation entries were provided by FFPL to these companies. 11. We may also note, that in this particular case, notice under section 148A(b) was issued even without conducting an enquiry, as required under Section 148A(a) of the Act. 11.1 The said provision requires approval of the specified authority for conducting an enquiry. 12. In our view, had such an enquiry been conducted before issuance of the notice, then the kind of flaws that have emerged, to which we have made a reference above, would not have, possibly, occurred. 13. As noticed above, instead of conducting an independent enquiry, the respondents/revenue relied upon the information supplied by the CGST authorities. 14 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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