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2006 (7) TMI 653

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..... bunal, Jodhpur Bench, Jodhpur, dated 14-9-2004. The revenue seeks to raise following substantial question of law arising for consideration in this appeal : Whether on the facts and in the circumstances of the case and in law, the learned Tribunal was justified in upholding the order of learned CIT(A) deleting the addition of ₹ 13,53,310 by holding that there was no specific finding re .....

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..... ng the GP rate of 52 per cent and total income was computed as nil by rejecting the claim of assessee for carrying forward loss of ₹ 11,89,487. On appeal, the CIT(A) found that the rejection of the books of account was not warranted on the basis of the expenses shown on the power consumption. It was noticed that during the assessment period, the assessee was required to pay minimum charge .....

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..... Assessing Officer has not given any specific finding for rejection of book results. He has also not pointed out any defects in the books of account maintained or the method of accounting followed. There is no material placed on record to show any instance of suppression of sales or inflation of purchases or expenses. The Assessing Officer was wrong in drawing adverse inference against the assesse .....

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..... m his order and dismiss both the grounds of appeal of the revenue. 5. A bare perusal of the impugned order goes to show that the finding of the Tribunal, confirming the order of CIT(A) was finding of fact based upon the relevant material and no question of law much less substantial question arises for consideration in this appeal. The appeal fails and is hereby dismissed. - - TaxTMI - T .....

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