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1989 (12) TMI 144

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..... rofit addition to Rs. 30,000 as against Rs. 66,018 made by ITO. Revenue has taken two grounds to urge that the CIT(A) erred in passing an order under s. 154 by entertaining application filed by the assessee for rectification the appellate order and the CIT(A) erred in restricting the addition to Rs. 30,000 as against Rs. 66,018 made by the ITO. 2. The assessee is a registered firm carrying on bu .....

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..... this connection, it is to be mentioned that in the original consolidated appellate order passed by the CIT(A) on 25th Jan., 1984 in respect of asst. yrs. 1979-80, 1980-81 and 1981-82, the CIT(A) has not dealt with the addition in respect of gross profit in the trading account, though he has dealt with this aspect in the earlier years and dealt only the addition of Rs. 5,000 made on account of shor .....

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..... order of the CIT(A) dt. 25th Jan., 1984 clearly shows that he has dealt with only one ground, but stated in concluding paragraph that he has allowed the appeal for the asst. yr. 1981-82 fully. The grounds of appeal filed before the CIT(A) contain three grounds of appeal viz. (1) gross profit rate should be reduced reasonably, (2) loss in Jalan branch be allowed in full or disallowance be restricte .....

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..... he CIT(A) gives a rate of 14.58 per cent as against 14.38 per cent in the earlier year. Though the CIT(A) reduced the addition, nonetheless, the rate of gross profit sustained is more than that of last year. Therefore, there could be no grievance to the Revenue regarding the addition sustained by the CIT(A). The higher the turnover the lower the rate of gross profit, but in this year, the rate ult .....

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