2014 (7) TMI 203

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....President: This appeal by the assessee for the assessment year 2009-2010, is directed against the order of the CIT(A)-III, Baroda, dated 7.11.2012. 2. The effective grounds of appeal of the assessee are as under: "1. Ld. CIT (A) erred in law and on facts in confirming addition made by AO of Rs. 1,37,56,700/- taking Gross Profit of 25% on alleged unaccounted sales determined by Excise Auth....

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....tted that whole addition is based on the addition made in the excise case of the assessee, which is pending before the Excise and Custom Tribunal. She submitted that matter may be restored to the AO for fresh consideration in accordance with the decision of Excise and Custom Tribunal, which is yet to be pronounced. The learned DR could not controvert the submissions of the learned counsel for the ....