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2017 (2) TMI 203 - ALLAHABAD HIGH COURTApplication of remission - Wastage of molasses of 10710.50 qtls. due to natural loss/evaporation was less than 2% of the total quantity of molasses 6,15,913.50 qtls - circular letter no. 261/15/82-CD-8 dated 18.7.1983 and Rule 8(4) of U.P. Sheera Niyantran 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 the view that plain and simple interpretation should be given to Rule 8(4) of Rules, 1974 which permits remission in case loss is less than 2 per cent within the period of a year which includes ''part of a year' also - Decided in favor of the assessee.
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