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Issues:
1. Interpretation of income determination based on occupancy rate and net profit rate for a transport business. 2. Validity of the Tribunal's decision in estimating income at a net profit rate of 4.96 percent. 3. Discrepancies in the income assessment and the impact of different occupancy rates on the final income calculation. Analysis: The case involved a dispute over the assessment of income for a transport business for the assessment year 2003-04. The appellant, a transport company, initially declared a loss of Rs. 5,25,000. However, discrepancies in the books of account led to an estimation of income by the Assessing Officer based on an occupancy rate of 67 percent, resulting in a net income of Rs. 24,04,500. The Commissioner of Income-tax (Appeals) partially accepted the appeal and remanded the case for recalculation using a 65 percent occupancy rate instead. Subsequently, both the assessee and the Revenue appealed to the Tribunal. The Tribunal, in its decision, estimated the net profit of the assessee at a rate of 4.96 percent of the gross receipts, resulting in a revised net income of Rs. 8,43,207, contrary to the initial loss declared by the assessee. The Revenue challenged this decision, arguing that the estimation was unfair based on comparative cases of transporters with better occupancy and income. However, the Court noted that the Tribunal's assessment was based on the net profit rate applied to the gross receipts. The Court emphasized that in appellate jurisdiction, it would not substitute its opinion for that of the Tribunal unless the issue raised fell within the ambit of a substantial question of law. Ultimately, the Court found no substantial question of law in the appeal and dismissed it, upholding the Tribunal's decision to estimate the income at a net profit rate of 4.96 percent.
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