2014 (4) TMI 889

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on 20.10.2004 declaring total income of Rs. 26,06,860/-. The assessment was completed under section 143(3) vide order dated 22.09.2006 and the total income was assessed at Rs. 87,82,625/-. Subsequently notice under section 148 of the Act was issued on 28.05.2008 and thereafter assessment was framed under section 143(3) read with Section 147 of the Act vide order dated 30.03.2009 and the total income was determined at Rs. 89,28,620/-. Aggrieved by the order of A.O, Assessee carried the matter before CIT(A). CIT(A) vide order dated 09.11.2010 granted partial relief to the Assessee. Aggrieved by the aforesaid order of CIT(A), the Revenue is now in appeal before us and Assessee has also filed a C.O. The ground raised by the Revenue reads as und....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ise duty from total turnover. 5. Aggrieved by the order of CIT(A), the Revenue is now in appeal before us. 6. Before us at the outset, the ld. A.R. submitted that the issue in appeal is covered in favour of Assessee by Hon'ble High Court's decision in Assessee's own case in Tax Appeal NO. 1452/AHD/2008 order dated 21.12.2013. He placed on record the aforesaid decision of Hon'ble High Court. He further submitted that since the facts of the case in the year under appeal are identical to that of earlier years, following the decision of Hon'ble Gujarat High Court, the issue be decided in favour of the Assessee. The ld. D.R. on the other hand supported the order of A.O. 7. We have heard the rival submissions and perused the material on record....