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2017 (9) TMI 975 - HC - Income TaxEstimation of turnover - as per Tribunal First Appellate Authority while restricting the gross profit rate at the rate of 9% taken into consideration the overall facts and circumstances of the case - fair and reasonable opportunity availability - Held that:- No error of law apparent on the face of the record nor perversity in the order of the Tribunal. The reasoning of the Tribunal's order is not vitiated by the alleged non-consideration of the grievance of the appellant/assessee that fair and reasonable opportunity was denied to it. The Tribunal found from the record that more than adequate and sufficient opportunity was given to produce the records. The estimation had to be done once the assessee was not cooperating. In such circumstances, a substantial relief has already been derived by the appellant/assessee. We do not think that we should reappraise and re-appreciate the same factual materials. We cannot arrive at a different conclusion merely because that would be possible. On the other hand, what we find is that such reappreciation and reappraisal is impermissible in law. More so, when there is no perversity in the findings of the Tribunal. Its view is imminently possible. We do not find any merit in the appeal. It is dismissed.
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