2022 (11) TMI 472 - AT - Income Tax
Suppression of sales - show cause notice issued by Excise Department against assessee alleging that assessee was engaged in undervaluation of sales - CIT-A deleted the addition - HELD THAT:- As considered the judgment passed by the Co-ordinate Bench in case of Zirconia Cera Tech Glazes [2017 (11) TMI 1852 - ITAT AHMEDABAD] wherein addition was made only on basis of and clandestine removal of goods and revenue had brought nothing on record that it had applied its mind over and above contents of said show cause notice and further, in excise proceedings, CESTAT had decided issue in favour of assessee, impugned addition was unjustified.
We find that the order passed by the Ld. CIT(A) in deleting the addition holding reopening on the basis of the show cause issued by Excise Department not justified is just and proper so as to warrant interference. In that view of the matter, the Revenue’s ground of the appeal is found to be devoid of any merit and thus dismissed. - Decided in favour of assessee.