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2023 (6) TMI 121 - AT - Income TaxEstimation of profit from unaccounted sales - Profit estimation on total turnover - CIT(A) deleting the addition on account of estimation of profit from unaccounted sales made by the assessee from the clandestine removal of the goods - As stated by the D.R. in the Central Excise proceedings on the clandestine removal of the goods, the assessee settled the issue by availing Sabka Vishwas Scheme 2019 and paid the taxes on 12-11-2019 - HELD THAT:- As submitted by assessee, Tribunal in the case of Ganga Glazed Tiles Pvt. Ltd. [2018 (8) TMI 1847 - ITAT RAJKOT] deleted addition following the judgment in the case of Vrundavan Ceramics (P.) Ltd. [2019 (7) TMI 547 - GUJARAT HIGH COURT] Revenue’s further appeal before the Hon’ble High Court were dismissed and SLP filed before Hon’ble Supreme Court [2020 (1) TMI 1502 - SUPREME COURT] which were happened after the passing of the order by the Ld. CIT(A). Thus we are of the considered opinion, accepting the submissions made under Rule 27 of ITAT Rules and entertaining the judgments placed by the assessee, we deem it fit to set aside the matter back to the file of the Ld. A.O. to consider the above judgments placed by the assessee and determine the income in accordance with law. Appeal filed by the Revenue is hereby allowed for statistical purposes.
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