TaxTMI 
TaxTMI 
2023 (1) TMI 419
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....onsequential notice of even date i.e., 26.03.2022 issued under Section 148 of the Act. 2. A perusal of the notice dated 10.03.2022 issued to the petitioner under Section 148A(b) of the Act shows, that the principal allegation against the petitioner is, that was involved in the issuance of "fake/bogus invoices" by an entity going by the name Flash Forge Pvt. Ltd. [in short, "FFPL"]. The core of this allegation is captured in the annexure appended to the said notice. 2.1 For the sake of convenience, the same is extracted hereinafter: "In this case, information has been received, brief of which (are which) are as under: - "The incident report generated by CGST authorities indicate that M/s Advance Computers and Mobiles India Pvt Ltd (GST....
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....ent. It was found that above mentioned entity M/s Flash Forge Private Limited, during the year has provided bogus entries/billing in lieu of commission to the tune of Rs. 328.15 crs. It is also noted that the assessee company had a purchase transactions of Rs. 37,33,626/- with the above party which is nothing but a bogus transaction. 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 ....
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....to tax by the petitioner. 4.3 With the reply, a chart was appended, which gave details, such as the month and the year in which security service was rendered, along with the basic amount claimed towards services rendered, along with tax. 5. A perusal of the chart would show, that during the period in issue, the 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.....
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.... certain public limited companies/PSUs such as Bharat Heavy Electricals Ltd., Indian Oil Corporation Ltd., HMT Machine Tools Ltd., Hindustan Shipyard Ltd., Hindustan Aeronautics Ltd., Hindustan Petroleum Corporation Ltd., Godrej and Boyce Manufacturing Company Ltd. and Larsen and Toubro Ltd. 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 n....