1 ITA No.287 of 2010. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R D.B. Income Tax Appeal No.287 of 2010. Commissioner of Income Tax, Jaipur-II VERSUS M/s. Choice Fashion (P) Ltd., Jaipur Date of Order :::: 22.11.2010 Hon'ble The Acting Chief Justice Mr. Arun Mishra Hon'ble Mr. Justice Dalip Singh Mr. R.B. Mathur, counsel for the appellant **** By the Court : Instant appeal has been preferred aggrieved by the order passed by the Income Tax Appellate Tribunal, Jaipur Bench `A' Jaipur (for short, hereinafter to be referred as 'ITAT') in ITA No.16/JP/2010 for the assessment year 2006-07 on 18.06.2010. The Assessing Officer had adjudged the gross profit rate as 19.44%. The Commissioner of Income Tax (Appeals) reduced it to 18%. On further appeal being preferred before the ITAT by the assessee, the ITAT upon due consideration of the facts and circumstances enumerated in paragraph-7 of the order has deemed it appropriate to assess the gross profit rate as 16.67% for the year in question. Aggrieved by the order, instant appeal has been preferred. 2 ITA No.287 of 2010. Shri R.B. Mathur learned counsel appearing on behalf of the Revenue has submitted that the order passed by the Commissioner, Income Tax (Appeals) was an appropriate one. The Commissioner, Income Tax (Appeals) has taken into consideration all the relevant aspects and had come to the conclusion that gross profit rate was in fact 18%. Thus, the finding recorded by the CIT (A) based on sound reasonings could not have been interfered with within the legal parameters by the ITAT. After hearing the learned counsel appearing for the Revenue and going through the orders available on record, we find that the ITAT has recorded a finding of fact in the instant case duly considering the various aspects of the matter and gross profit rates declared by the assessee in earlier years has also been taken into consideration. It has also clear that regular banks of account which consists of cash book, ledger, voucher of purchase, sales and expenses have been maintained regularly by the assessee. The books of account are also audited. The auditors have not made any adverse remarks on the maintenance of books of accounts neither any unaccounted purchase or sale has been detected by the A.O. and entire turnover is fully vouched. It is also a fact that entire sale is of export. Merely, non-maintenance of stock register or production 3 ITA No.287 of 2010. of the stock register could not be said to be vital in the facts and circumstances of the case. Considering the nature of business, the ITAT has also in the instant case held that rejection of books of account was not justified. It has also been found that there was sufficient increase in the turnover of the assessee which was just double than the preceding year. Net profit rate for both the years has also been taken into consideration. It has also found that there was an increase in the costs of raw materials and this fact has also been admitted by the A.O. It has also been found that there was an increase in the cost of stitching charges. Considering the over all circumstances, the tribunal has given a finding to apply g.p. rate of 16.67%. The said finding is purely based on facts and by forming a different on such facts is not sufficient to interfere in appeal. Finding cannot be said to be perverse. No substantial question of law arises in the instant appeal. Consequently, the appeal being devoid of merits deserves to be dismissed and the same is, hereby, dismissed summarily as the finding cannot be said to be perverse which calls for any interference. (Dalip Singh) J. (Arun Mishra) Actg. C.J. Ashok/