2017 (9) TMI 1762

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....ya Vijay JUDGMENT 1. By way of this appeal, the appellant has assailed the judgment and order of the Tribunal whereby the Tribunal has dismissed the appeal of the Department. 2. The counsel for the appellant has framed the following substantial questions of law : "1. Whether on the facts and circumstances of the case and in law the decision of the hon'ble Income-tax Appellate....

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....s entirely different from trading results of the assessee and this allowance has been made out of the transaction in the seized duplicate/parallel books of account and not out of the regular books of account ? 3. Whether on the facts and circumstances of the case, the finding of the Tribunal is perverse, contrary to the record and untenable in the eye of law ?" 3. The counsel for the a....

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....e Act, as applying the gross profit rate takes care of the expenditure otherwise than by way of crossed cheque also. We are in agreement with the view taken by the Allahabad High Court in Banwari Lal Banshidhars case [1998] 229 ITR 229 (All) to the following effect (page 232) : '. . . The question for consideration is when no deduction was sought and allowed under section 40A(3), was ....