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2018 (8) TMI 1847 - ITAT RAJKOTSuppression of sales - show cause notice issued by the Excise Department showing substantial material evidence of suppression of sales - CIT(A) adopting gross profit rate of 9% on the suppressed sale instead of 25% as was determined by the assessing officer rejecting the ground of reopening of assessment as agitated by the assessee - HELD THAT:- Review applications were preferred before the Hon’ble Gujarat High Court by the assessee in respect of 8 appeals which ultimately were disposed of by and under the judgement and order [2018 (5) TMI 1274 - GUJARAT HIGH COURT] by the jurisdictional High Court. Hon’ble High Court by the said judgement was pleased to dismiss the appeals preferred by the Revenue virtually dismissing the quantum order passed by the Assessing Officer in the absence of independent material brought on record except those were already collected by the Excise Department which are yet to be verified. The Hon’ble High Court was further pleased to observe, since the addition made by the Assessing Officer had no basis, the question of percentage of the sales at which stage additions should be made would become redundant. The appeals before us since identical in nature having same set of facts are covered by the ratio of the said order above 8 passed by the Hon’ble High Court at Gujarat. We, therefore delete the quantum order passed by the authorities below and thereby allow the appeals preferred by the assessee
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