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ITA No. 1085/Mum/2012
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in the comparable case of MIs V. Kapoor Jewellers P. Ltd. cited by
the Assessing Officer, the GP rate disclosed by the assessee was
10.86%. However, keeping in view that the turnover of the
assessee in the said case was only 1.71 crores as against Rs.4.85
crores of the assessee, the Assessing Officer applied a GP rate of
4% on the ground that when the turnover increases, GP rate
decreases. Having regard to all these facts, we are of the view that
the GP rate of 4% applied by the Assessing Officer was fair and
reasonable and the learned CIT(Appeals) was fully justified in
confirming the trading addition made by the AO by applying the said
GP. In that view of the matter, we uphold the impugned order of
the learned CIT(Appeals) on this issue. The Assessing Officer,
however, is directed to consider the alternative claim of the
assessee as made by the learned counsel for the assessee before us
of allowing the benefit of telescoping of trading addition with the
addition to be made on account of peak credit after verifying the
relevant facts".