JUDGMENT :

B.N. Mahapatra, J. - This tax appeal has been filed raising several questions of law. However, at the time of hearing, learned Counsel the appellant confined his argument only to question No. 3, which reads, thus:

Whether on the facts and circumstances of the case can Tribunal come to a final conclusion regarding determination of rate of net profit on a higher side i.e., ' 7.5 per cent without assigning any reasons when two similar decisions based on similar facts have adjudicated by the same Tribunal previously vide IInd Appeal Nos. 489/Ctk/1973 dt. 11th Jan., 1980 and 293/Ctk/1991 resulting net profit ' 2 per cent and ' 7.5 per cent respectively which leads to discrimination and miscarriage of justice.

2. Bereft of unnecessary details the facts and circumstances leading to the present appeal are that the appellant is a partnership firm. It carries on business in execution of transport contract. In the year 1992-93, the appellant filed its return disclosing the net income at Rs. 1,95,120. The said return was scrutinized by the opposite party No. 6TTO (hereinafter called, "the AO"), who vide his order dt. 17th Feb., 1995 passed under Sections 143(3) and 182(1) of the IT Act