2017 (2) TMI 203

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..... iyantran Niyamawali 1974 - Held that: - In absence of any such allegation as also any statutory provision providing that the period of "a year" will not include part of year, if loss is less than two per cent, which has caused due to natural reasons, in our view remission could not have been disallowed allowed to assess - In absence of any law otherwise taking a different view, we are clearly of t .....

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..... on of law but is a question of fact, and he is pressing only Question (B) and appeal may be decided on that basis. 2. Substantial question of law-(B), on which the appeal was admitted reads as under: Whether in the facts and circumstances of the case, the Tribunal was justified in rejecting the remission application of the appellant without considering that the wastage of molasses of 10710 .....

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..... en loss in a short period. 4. Admittedly, there is no allegation made by respondents that there is an abrupt removal of molasses from storage tank so as not to justify remission of aforesaid loss. In absence of any such allegation as also any statutory provision providing that the period of a year will not include part of year, if loss is less than two per cent, which has caused due to natura .....

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