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2015 (2) TMI 721 - HC - Income TaxGP addition - AO noticing the defects in the stock register rejected the book results by invoking the provisions of section 145(3) - Tribunal not only rejecting the books results but also upholding the gross profit rate of 11 per cent - Held that:- When the Assessing Officer found deficiencies as referred to by the Assessing Officer and approved by the two appellate authorities then the provisions of section 145(3) had to be invoked and have rightly been invoked and once the provisions of section 145(3) are invoked then what should be a reasonable gross profit rate is required to be seen which is a finding of fact and on the basis of appreciation of evidence thus it is a pure finding of fact. The assessee has failed to highlight, bring on record any perversity in the order of the Tribunal so as to hold that substantial question of law is involved. The hon'ble apex court and this court has consistently held that when the matter is decided on appreciation of evidence and facts then it is finding of fact. - Decided against assessee.
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