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2013 (3) TMI 515 - PUNJAB & HARYANA HIGH COURTAdoption of sales figures - Whether ITAT was right in holding deletion of addition of Rs. 98,813/- by the CIT(a) by observing that the sales should not be estimated at the figure of Rs. 2.30 crores and total sales should be restricted to the figure declared by the assessee at Rs. 1,67,19,652/- by enhanced by Rs. 9.10 lakhs? - Held that:- As CIT(A) has found that sales to the tune of Rs. 7,49,608/- were affected outside the books of account and therefore the gross profit rate has to be applied in respect of the said amount alone. Consequently, the addition of Rs. 98,813/- (48,813+50,000/-) was set aside. The said finding is pure finding of fact. No question of law on the basis of such finding arises for consideration, as only income from concealed sales could be taken into consideration. Interest charged under Section 215/217 - ITAT disposed of the additional ground regarding cancellation by the CIT (A) of interest by observing that the department has challenged only the admission of additional ground by the CIT(A) and also not impliedly challenged the decision on merits - Held that:- As the department has more amount in its control than the amount of advance tax payable by the assessee. Therefore, it cannot be said that assessee is liable to pay interest on the amount of advance tax. We do not find any substantial question law arises for consideration in the present appeal.
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