Samir Kishor Parekh, Ahmedabad vs The Acit Circle-5(3)(2), Ahmedabad on 7 October, 2021
8. We note that the facts and the basis of additions for both the years are
similar. Accordingly, our observations for assessment year 2008-09 would
apply to assessment 2010-11 as well. As pointed out by the counsel for the
assessee, the CESTAT order relates to the period 2004-05 to 28-2-2010 as is
evident from the CESTAT order (page 2). Accordingly, since all the
additions made by the Excise Department have been deleted by the CESTAT
I.T.A No. 265 & 266/Ahd/2020 A.Y. 2008-09 & 2010-11 Page No. 13
Samir Kishor Parekh vs. ACIT
in appeal proceedings for assessment year 2010-11 as well, we allow the
assessee's appeal for the assessee for Assessment Year 2010-11 as well,
since facts and basis of addition for both the assessment years 2008-09 and
2010-11 are similar.