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2018 (3) TMI 894 - AT - Income TaxReopening of assessment - addition on account of suppression of sales by adopting GP rate @ 15% on unaccounted sale - Held that:- As Departmental Representative vehemently contends that the CIT(A) has erred in law as well as on facts in deleting the impugned addition he however fails to dispute the fact that the impugned re-assessment exercise is based on the Central Excise Department’s show cause notice. It has come on record that the assessee has already succeeded on the very issue before the “CESTAT” tribunal. The impugned addition therefore has no legs to stand since not based on any independent evidence. The CIT(A)’s above extracted findings are accordingly confirmed. - Decided against revenue
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