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TMI Blog1987 (3) TMI 47X X X X Extracts X X X X X X X X Extracts X X X X ..... manufacturing profits for the assessment years 1957-58, 1958-59, 1959-60 and 1960-61 ?" The assessment years with which we are concerned in this reference are the assessment years 1957-58, 1958-59, 1959-60 and 1960-61. The assessee manufactures and sells sugar. During the previous years relevant to the assessment years with which we are concerned, the assessee owned sugarcane farms. During these years, the assessee received supplies of sugarcane for the manufacture of sugar from these farms. It also purchased sugarcane from outside cultivators called Bagaitdars. The Government of Maharashtra had fixed the floor prices for sugarcane at Rs. 44 per ton for the assessment year 1957-58, Rs. 45 per ton for the assessment year 1958-59, Rs. 46 p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al's order dated December 5, 1970, which deals with the assessee's contentions : " (11) We have considered all the facts of the case and the various submissions made by the parties. We have gone through the statements of purity in respect of the assessee's cane and those of others. In our opinion, this does not establish the assessee's claim for superiority in respect of its sugarcane. It had been found by the Appellate Assistant Commissioner that the assessee was growing different varieties and that the assessee's purchases from Bagaitdars were mostly of the same variety and this had not been controverted before us. In this position, a comparison of the purity or the recovery is out of question and would not be proper. Moreover, the aver ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e other case. The opinion expressed thereon was that the differential rate was not based on any data. Mr. Dastur submitted that in the present case, the difference was much greater. This was only one of the aspects before the Tribunal and it cannot be said to have required an alteration of the view taken by it earlier. The analysis, the report of which the assessee relies upon, is made by the assessee itself. From what it discloses, the observations of the Tribunal in the paragraph quoted from its order dated December 5, 1970, would squarely apply. The Bagaitdars also produced sugarcane of varying quality. Regardless of the excellence of their sugarcane, a uniform price was paid by the assessee to them. It is not unreasonable that the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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