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TMI Blog1967 (12) TMI 17X X X X Extracts X X X X X X X X Extracts X X X X ..... ixing the average price of sugarcane under the said rule ? " The material facts, as appearing from the statement of the case, are these : The assessee is a public limited company carrying on the business of manufacture and sale of sugar which is produced in its factory at Sehore. It has its own farm for growing sugarcane but the produce is not sufficient to meet its requirements. Therefore, it has to purchase sugarcane from other farms in the neighbourhood. The assessment years are 1956-57 and 1937-58, the corresponding account periods being October 27, 1954, to November 14, 1955, and November 15, 1955, to November 2, 1956. By a Notification No. S.R.O. 3419, dated November 22, 1955, the Government of India, in exercise of the powers confer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ixed by the aforesaid asseessee for purchases made by it from other growers at the various outlying centres. According to the Income-tax Officer, this came to Rs. 1-4-11-15 per maund for the year 1956-57 and Rs. 1-3-12 per maund for the year 1957-58. The Appellate Assistant Commissioner, however, held that the assessee was entitled to get the market value determined on the basis of Rs. 1-7-0 per maund as the market value of sugarcane, the minimum fixed by the Government notification. Being aggrieved, the department took the matter to the Tribunal, which set aside the orders passed by the Appellate Assistant Commissioner and affirmed those of the Income-tax Officer. As already indicated, this reference was then made at the instance of the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g to the average price at which it has been so sold during the year previous to that in which the assessment is made. The notification just mentioned reads : " In exercise of the powers conferred by clause 3 of the Sugarcane (Control) Order, 1955, the Central Government hereby fixes Rs. 1-7-0 per maund as the minimum price to be paid by a producer of sugar by vacuum pan process or his agent for sugarcane delivered at the gate of his factory and Rs. 1-5-0 per maund for sugarcane delivered at railway centre, during 1955-56 crushing season. Provided that- (1) a rebate of 3 pies per maund per mile, subject to a maximum of 3 annas per maund may be deducted out of the minimum sugarcane price of Rs. 1-7-0 per maund, by a producer of sugar by v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt account period. In our opinion, the expression " average price " does not postulate the computation of the average by reducing the minimum price payable at the factory gate by the average rebate deducted by the assessee for purchases made by it from other growers at various outlying centres. So to do would not take into account any price paid in excess of the prescribed minimum. Again, in the instant case, the assessee used its own transport to deliver its sugarcane at the factory gate but it is conceivable that, being unable to do so, the assessee may deliver it at a railhead. If so, the formula evolved on the basis of distances from the factory gate would be inapplicable. Thirdly, it is not as if sugarcane was taken for sale to regular ..... X X X X Extracts X X X X X X X X Extracts X X X X
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