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TMI Blog1976 (1) TMI 163X X X X Extracts X X X X X X X X Extracts X X X X ..... SWAMI, J.-Tax (Revision) Cases Nos. 411 and 412 of 1971 have been filed by the North Arcot District Co-operative Sugar Mills Ltd., now renamed as Ambur Co-operative Sugar Mills Ltd., Vadapudupet, North Arcot District, in respect of the assessment years 1967-68 and 1968-69. The turnover in both these assessments related to a portion of the amount paid by the assessee to the cane-growers in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m price that must be paid by the mills to the growers in each crushing season. The agreement executed by the ryots provides that the mills had to pay after weighment and approval of the delivered canes, either the controlled price or the price which was legally payable to them after deducting whatever advances that have been made. For the assessment years in question, the Government of India fixe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contention was rejected by the assessing authorities and the Tribunal on the ground that the agreement to pay at the rate of Rs. 110 per tonne irrespective of the minimum price of Rs. 73.70 fixed by the Government of India amounts to a novation in respect of the price payable and that, therefore, that amount also is to be included in the taxable turnover. The learned counsel for the assessee in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e mills was that the mills will have to pay either the price fixed under the Sugarcane Control Order or that which is lawfully payable. The cane-growers were disputing the amount payable to them contending that the price fixed by the Government of India was only the minimum price payable and there was no prohibition for the mills for paying higher than that amount. Since there was a dispute, the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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