Sec. 69B addition to be quashed if it was made on finding of Excise Dept. which was later set aside by CESTAT

INCOME TAX : Where Assessing Officer made addition made on account of undisclosed investment in stock and profit on sales of undisclosed stock on basis of findings of search conducted by DGCEI which was duly approved by Commissioner Central Excise, since CESTAT had set aside whole demand raised against assessee, findings of Assessing Officer would not survive and, thus, impugned addition was to be deleted

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