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2008 (12) TMI 823

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..... e,Adv., Ms.Jyotsna Roy Mukherjee,Adv. ORDER The Court :-The appeal was admitted on the following ground:- Whether the Tribunal misdirected itself in law in holding that the gross profit was required to be estimated though the books of account were not rejected and its purported finding in this behalf are arbitrary, unreasonable and perverse? Mr.Khaitan, learned Sr. Advocate appea .....

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..... which were produced were not rejected nor even a single voucher was found unverifiable. The said fact has also been accepted by the Commissioner of Appeal in the order so passed by him. Therefore, it is submitted that the learned Tribunal without any reason whatsoever has partly allowed the appeal in favour of the Department. He also drew our attention to the orders so passed by the Commissioner .....

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..... e books of accounts were not rejected and had been taken into account for the purpose of deciding this question which has been raised in this appeal, we allow the appeal and answered the question in the affirmative in favour of the assessee. The appeal is, therefore, disposed of. All parties concerned are to act on a xerox signed copy of this order on the usual under takings. Urgent xerox ce .....

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