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2022 (10) TMI 1060 - DELHI HIGH COURTAssessment u/s 153A - Additions made on account of gross profit on bogus purchases - HELD THAT:- As both the appellate authorities below have recorded concurrent findings of facts that while calculating the GP ratio, the Assessing Officer has compared the purchase of scrap of desi led with the sale of finished goods without considering that the assessee is dealing in different types of items such as led, tin, selenium, arsenic etc. and that each of these items have different qualities having wide price fluctuation and therefore the Assessing Officer has erred in making a comparison between incomparable products. The appellate authorities below also noted that for the Assessment Year 2005- 06 to Assessment Year 2008- 09, there is no evidence available with respect to suppression of the gross profit by obtaining bogus purchase bills by the assessee and that the Assessing Officer has merely relied upon the documents seized during the course of search for Financial Year 201011 and 2011-12 even when the present batch of cases pertains to the Assessment Years 2005-06 to 2009-10. The Supreme Court in the case of Ram Kumar Aggarwal & Anr. vs. Thawar Das (through LRs), [1999 (8) TMI 1008 - SUPREME COURT]has reiterated that under Section 100 of the Code of Civil Procedure the jurisdiction of the High Court to interfere with the orders passed by the Courts below is confined to hearing on substantial question of law and interference with finding of the fact is not warranted if it involves re-appreciation of evidence. Consequently, this Court is of the view that no substantial question of law arises of consideration in the present appeals and accordingly, the same are dismissed.
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