what is the difference b/w duty & tax ???

Dear All

In an search case the some undisclosed purchases and sale was found and special audit was called for and in the audit report it is mentioned that there are Nil cases falling u/s 40(A)(3. But the learned ITO while drafting the order invock the provision of 40(A)(3)and disallowed 20% of purchases and made the addition and he had also made the addition by applying G.P Rate of Sales.
Is he Justified
Please reply with relevant Case Laws

Dear All

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