2025 (8) TMI 964

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....g the assessment order with addition of Rs. 69,22,150/-. 2. Having regard to the facts and circumstances of the case of your appellant, the relief claimed in Ground No. 1 is allowed. 3. Your appellant craves leave to add/alter or amend any of the grounds till the appeal is finally heard and decided." 3. The Assessing Officer observed that the assessee is one of the beneficiaries who had taken accommodation entries through bogus invoices from M/s. S.K. Enterprises related to GST aggregated to Rs. 17.59 crores from buyers without actual movement of goods. More precisely in assessee's case, bogus invoice of Rs. 69,22,150/- issued by the entity, Shahrukh J. Pathan and thus tried to evade taxes. 3.1 The assessee's case wa....

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....t discussing anything on merit. 5. At the time of hearing despite giving notices, none appeared on behalf of the assessee. The assessee on 3rd May, 2025 has filed affidavit stating thereby to condone the delay in filing the appeal, the delay is condoned. 6. The ld. D.R. submitted that the said legal entity M/s. S.K. Enterprise's status is shown by the GST Portal as "GST registration is cancelled suo moto from 05-09-2017". The Ld. DR submitted that this should be taken on record. The Ld. DR relied upon the Assessment Order and the order of the CIT(A). 7. We have heard ld. D.R. and perused the details filed by the ld. D.R. wherein the GST registration has been cancelled of M/s. S.K. Enterprises by the GST Department w.e.f. 05-09-2017....

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....d GST holder and will incur the loss without claiming GST input credit. In that case, the GST input credit is also a loss to assessee and why the said loss should be taken into account by the assessee. The factual aspect prima facie sets out the case of the Revenue that there is an accommodation entry and it will be appropriate to remand back this matter to the file of Assessing Officer for verifying the details from the bank statements of the assessee as to how the purchase was made and also from the GST Department whether the assessee claimed input credit of GST component. The Assessing Officer is further directed to verify the cash trail in the said transaction in consonance with the assessee's cash books before concluding that it is a b....