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TMI Blog2022 (4) TMI 1117X X X X Extracts X X X X X X X X Extracts X X X X ..... 3,848/- made by the Assessing Officer on account of sales involved in clandestine removal of finished goods. 2. The assessee, in the present case, is a firm which is engaged in the business of Manufacturing of Ceramic Glaze. The return of income for the year under consideration was filed by it on 24/09/2009 declaring total income of Rs. 83,27,239/-. In the assessment originally completed by the Assessing Officer u/s.143(3) of the IT Act, 1961 ("the Act") vide an order dated 14/03/2011, the total income of the assessee was determined by the Assessing Officer at Rs. 84,23,788/-. Thereafter, certain information was received by the Assessing Officer from Deputy Director of Income Tax (Investigation), Unit-II, Ahmedabad vide letter dated 14/02 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... buyers in cash. 3.2. The observation and finding given in SCN on the basis investigations and evidences gathered by the officials of Excise Department clearly indicates that the assessee and suppressed the sale value by way of undervaluation of invoices as well as clandestine removal of goods from their premises. The suppression was revealed on the basis of finding during the course of investigations by the DGCEI and as mentioned in detail in the SCN contained in letter F.No.DGCEI/AZU/36(4)130/2007-08/1836 to 1842 dated 19.04.2010. 3.3. The SCN issued by the DGCEI revealed that the assessee was showing sale value of Frit at Rs. 10/- per kg. whereas the actual price was at Rs. 20/- to 30/- per kg. The amount shown in the invoices were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essed sales of Rs. 9,72,25,651/-. To arrive at this conclusion, the Assessing Officer followed the assessment made in the case of the assessee in the immediately preceding years, i.e. AYs 2007-08 & 2008-09, wherein similar addition was made on account of profit element involved in the alleged suppressed sales on the basis of information received from DGCEI. The Assessing Officer accordingly completed the assessment u/s.143(3) r.w.s.147 of the IT Act, 1961 vide order dated 21/03/2016 determining the total income of assessee at Rs. 2,30,07,640/-. 4. Against the order passed by the Assessing Officer u/s.143(3) r.w.s. 147 of the Act, an appeal was preferred by the assessee before the Ld.CIT(A) and after considering the submissions made on beh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evenue preferred this appeal before the Tribunal. 5. We have heard the arguments of both the sides and also perused the relevant material available on record. It is observed that the addition made by the Assessing Officer on account of profit element involved in the alleged suppressed sales in the year under consideration has been deleted by the Ld.CIT(A) vide his impugned order by relying on the decision of Coordinate Bench of this Tribunal in assessee's own case for the immediately preceding years rendered vide common order dated 30/11/2017 passed in ITA Nos.376 & 377/Ahd/2016 (for AYs 2007-08 & 200-09 respectively), wherein the similar addition made by the Assessing Officer and confirmed by the Ld.CIT(A) was deleted by the Tribunal for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ises. The CESTAT having considered the relevant facts of the case as well as relevant material i.e. Pen drive and statement recorded by the Excise Department has decided the matter in favour of the assessee as discussed above. In these circumstances Ld. CIT(A) was not justified in observing that relief granted by Hon'ble CESTAT was highly technical. 13. We also find that Excise Department carried matter before Hon'ble Apex Court wherein same was dismissed as withdrawn as mentioned above. Nothing contrary was brought to our knowledge on behalf of Revenue in this regard. 14. We also find that Tax Appeal being Tax Appeal No.733 and 734 of 2016 preferred by the Ld. Excise Department before Hon'ble Gujarat High Court came to be dismissed v ..... X X X X Extracts X X X X X X X X Extracts X X X X
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