IN INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH AHMEDABAD BEFORE, SHRI S. S. GODARA, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER. ITA. Nos. 409 & 410/Ahd/2016 (Assessment Years:2007-08 & 2008-09) M/s. Century Tiles Limited, At & Po Gandhinagar, Talod Road, Himmatnagar 383001 Appellant Vs. DCIT, Sabarkantha Circle, Aaykar Bhavan, Near Town Hall, Opp.Pratapgarh Petrol Pump, Himatnagar. Respondent & ITA. Nos. 731 & 732/Ahd/2016 (Assessment Years:2007-08 & 2008-09) Assistant Commissioner of Income-tax, Sabarkantha Circle, 3rd Floor, Aaykar Bhavan, Near Gandhi Town Hall, Himatnagar, Dist.: Sabarkantha - 383001 Appellant Vs. M/s. Century Tiles Limited, At & Po Gandhinagar, Talod Road, Himatnagar 383001 Respondent PAN No. AACCC2531M By Assessee : Shri Tushar P. Hemani, A.R. By Revenue : Shri K. Madhusudan, Sr.D.R. ITA Nos.409-410 & 731-732 Adh/2016 (Century Tiles Ltd.) A.Y. 2007-08 & 2008-09) -2- Date of Hearing : 15.09.2016 Date of Pronouncement : 27.09.2016 ORDER PER S. S. GODARA, JUDICIAL MEMBER This batch of four appeals pertains to A.Ys.2007-08 and 2008-09. assessee and Revenue have instituted two cross appeals each in above impugned A.Ys. against separate orders of CIT(A) both dated 04.01.2016 passed in CIT(A)- 7/267 & 268/15-16; respectively, in proceedings u/s.143(3) r.w.s. 147 of Income Tax Act, 1961; in short Act . 2. We come to rival pleadings first. A.Y.2007-08 comprises assessee s appeal 409/Ahd/2016. It raises four substantive grounds therein inter alia in challenging CIT(A) s order on issues of validity of Section 147 reopening, rejection of books of accounts u/s.145 of Act, suppression of sales amounting to Rs.2,86,56,600/- and application of net profit rate @ 13.03% on above suppressed sales as made by Assessing Officer in impugned re-assessment framed on 31.10.2014. Revenue s cross appeals on other hand assessed correctness of lower appellate order deleting addition of Rs.77,28,685/- made by Assessing Officer on account of suppression of sales price thereby adopting gross profits on unaccounting cash. 3. We move on to later A.Y.2008-09. assessee s appeal likely 410/Ahd/2016 raises four identical grounds except to ITA Nos.409-410 & 731-732 Adh/2016 (Century Tiles Ltd.) A.Y. 2007-08 & 2008-09) -3- fact that later two issues involve different figures of suppressed sales of Rs.3,00,34,920/- followed by addition of Rs.35,08,078/- after applying net profit rate of 11.68% on alleged suppressed sales. Revenue s grievance on other hand is that CIT(A) has erred in deleting addition of Rs.85,05,890/- made on account of suppression of sales price by taking GP on unaccounted cash. 4. Both ld. representatives at outset are ad idem that this assessee is Limited Company. It manufactures ceramic tiles. Director General of Central Excise Intelligence, Ahmedabad Zonal Unit appeals to have conducted investigation allegedly revealing that assessee had been under valuing tiles manufactured thereby declaring only 70% of actual MRP in invoices and collected remaining sums in cash. This made Assessing Officer to reopen assessments by issuing Section 148 notices dated 24.03.2014. He accordingly framed impugned re-assessment determining suppressions of sales of Rs.2,86,56,600/- and Rs.3,00,34,920/- and thereafter adopted GP @40% thereupon to tune of Rs.1,14,62,640/- and Rs.1,20,13,968/-; respectively along with statutory interest u/s.234B&C of Act. 5. assessee preferred separate appeals. Ld. CIT(A) partly accepted same to extent indicated above narrated pleadings of both parties. This leads assessee as well as Revenue aggrieved. 6. We have given our thoughtful consideration to various issues raised in instant cross appeals. perusal of case files ITA Nos.409-410 & 731-732 Adh/2016 (Century Tiles Ltd.) A.Y. 2007-08 & 2008-09) -4- indicates that Co-ordinate Bench in A.Y. 2005-06 in identical appeals ITA Nos.2570 & 2748/Ahd/2012 decided on 03.12.2015 has restored very issues back to CIT(A) with direction to decide same afresh in light of final outcome in excise proceedings (supra) forming basis of impugned suppressed sales addition. Both ld. representatives agree that there is neither any distinction facts nor law in these two assessment years before us vis vis that already adjudicated by ld. co-ordinate bench. We accordingly direct ld. CIT(A) to decide these cases along with assessee s appeals stated to be pending for A.Y.2005-06. All these four appeals are accepted for statistical purposes. 7. All these four appeals are allowed for statistical purposes. Pronounced in open Court on this 27th day of September, 2016. Sd/- Sd/- (MANISH BORAD) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad: Dated 27/09/2016 True Copy S.K.SINHA Copy of Order Forwarded to:- 1. Revenue 2. Assessee 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order, M/s. Century Tiles Limited v. DCIT, Himatnagar