Deputy Commissioner Of Income Tax Circle-2, Muzaffarpur v. M/S Salauddin Saran H.o.chhatradhari Bazar,Chapra(Saran

IN THE HIGH COURT OF JUDICATURE AT PATNAMiscellaneous Appeal No.148 of 2010 ====================================================== 1. Deputy Commissioner Of Income Tax Circle-2, Muzaffarpur .... .... Appellant/s Versus 1. M/S Salauddin Saran H.O.Chhatradhari Bazar,Chapra(Saran) .... .... Respondent/s ====================================================== Appearance :For the Appellant/s : Mr. Archna Sinha, advocate For the Respondent/s : Mr. D. V. Pathy, advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVA KIRTI SINGHand HONOURABLE MR. JUSTICE VIKASH JAINORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVA KIRTI SINGH) 3 11-04-2012 Heard the parties. The only grievance of the revenue is that the Income Tax Appellate Tribunal, Patna Bench should have allowed the case of the appellant that net profit should be applied at the rate of 8% after taking into account all the expenses, instead of at the rate of 6%. Determination of net profit for any business is on the basis of all the relevant facts and circumstances and hence, it is only an issue of fact. In the facts of the case, no substantial question of law arises for determination by this court. The appeal is, therefore, dismissed. (Shiva Kirti Singh, J) BKS/- (Vikash Jain, J)