9911796707
TMI Blog2022 (11) TMI 472X X X X Extracts X X X X X X X X Extracts X X X X ..... 0.03.2015 & 23.03.2015 passed by the Deputy Commissioner of Income Tax, Sabarkantha Circle, Himmatnagar, under Section 143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as "the Act") for A.Ys. 2007-08 & 2008-09; respectively. ITA No. 739/Ahd/2017 for A.Y. 2007-08 2. The deletion of addition of Rs.1,33,61,517/- made on account of suppression of sales is the subject matter before us. 3. The return filed by the assessee was finalized under Section 143(3) of the Act dated 27.10.2007 declaring total income at Rs.Nil upon allowing set off of carried forward depreciation. Subsequently, under Section 143(3) r.w.s. 147 of the Act, the Ld. ITO on 27.03.2014 determined the total income at Rs.2,11,40,325/-. Such reopening was m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the basis of the show cause notice issued by the Excise Authority which has culminated into the final order, which is not justifiable in terms of the order passed by the Hon'ble Gujarat High Court in the case of Futura Ceramics Pvt. Ltd. vs. State of Gujarat Thro Secretary & Ors. in Special Civil Application No.6500 of 2012. 4. At the time of hearing of the instant appeal, the Ld. DR relied upon the order of Assessing Officer. On the other hand, the Ld. Counsel appearing for the assessee submitted before us that the issue is duly covered by the judgment passed by the Hon'ble Gujarat High Court in the case of Futura Ceramics Pvt. Ltd. (supra), which has been relied upon by the Ld.CIT(A). He further relied upon the judgment in case of Zirco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n previously closed assessment. In this case, however, we are not called upon to judge this issue and would therefore not give any definite opinion. The question, however, is whether on a mere show cause issued by the Excise Department, the Sales Tax Department can make additions for the purpose of collecting tax under the Gujarat Value Added Tax Act without any further inquiry. If the Assistant Commissioner of Commercial Tax has utilized the material collected by the Excise Department; including the statements of the petitioner arid other relevant witnesses and had come to an independent opinion that there was in fact evasion of excise duty by clandestine removal of goods, he would have been justified in making additions for the purpose of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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