IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 ITA.No. 36 of 2009() --------------------------- AGAINST THE ORDER DATED 22/08/2008 IN IT(S&S)A NO. 85/COCH/2005 OF I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT/ASSESSEE ---------------------------------------------------- MRS.U.V. ZUHARA, PROPRIETOR PALAKKI MEDICALS, MANZOOR HOSPITAL BUILDINGS, KANHANGAD. BY ADV. MR.V.P.MOHANDAS MR.SALIL NARAYANAN K.A. RESPONDENT/RESPONDENT/REVENUE: --------------------------------------------------------- THE ASSISTANT COMMISSIONER OF INCOME TAX, CNETRAL CIRCLE, CALICUT. BY ADV. MR.JOSE JOSEPH, SC THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------------------------------ I.T.A. NO: 36 OF 2009 ----------------------------------------------------------------------------------- Dated this the 23rd March, 2009. JUDGMENT RAMACHANDRAN NAIR, J. Even though various questions are raised in the appeal filed by the assessee, we notice that the only issue pertains to estimation of percentage of gross profit for determining the income for the relevant year. The assessee has no dispute with regard to the unaccounted turnover estimated during the block period pursuant to search. Even though assessee offered undisclosed income at 10% the assessing officer noticed that percentage of gross profit for the earlier years was much higher. The assessing officer therefore adopted the gross profit at the same percentage returned by the assessee in the previous years and completed the assessment. This is confirmed by the first appellate authority as well as by the Tribunal. We do not find any substantial question of law arising from the order of the Tribunal because there is no dispute with regard to the unaccounted turnover determined by the assessing officer based on information gathered on search. So far as the rate of gross profit is concerned, the authorities have only I.T.A.No: 36/2009 2 adopted the same rate of profit declared by the assessee for the earlier years. We therefore dismiss the appeal. C.N. RAMACHANDRAN NAIR Judge K. SURENDRA MOHAN Judge jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: