Section 145(3) of the Income Tax Act, 1961 — Accouting — Rejection of books of account — Where books are not made available for the AO's verification he should rely on the audit report because the evidence is admissible under the Indian Evidence Act, 1872. While framing the  assessment, AO has totally lost sight of the fact that during the A.Y. 2012-13 the turnover of the assessee had grown up by more than five times as compared to the last year, therefore,  the assessee could not be expected to report the same rate of net profit as was earned in the last year and the audited accounts for the assessment year as well as for the past assessment year were available with the Department. since, the turnover has gone up manifold in the year under consideration, reliance to past years trading results may not be an appropriate guide, therefore, the AO was directed to apply the net profit rate of 6percent on the gross receipts — Shobha Ram Sharma vs. Assistant Commissioner of income tax [2019] 75 ITR (trib) 394 (Agra)