Sugarcane purchase price above FRP and s.144B hearing challenge: assessment upheld, disallowance deleted u/s36(1)(xvii)
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....Challenge to assessment as violative of s.144B/CBDT instructions and for denial of opportunity failed because statutory notices were issued, the proposed disallowance was communicated, and no specific prejudice from refusal of evidence or arbitrary denial of adjournment was shown; hence the assessment was not void. Disallowance in principle of excess cane price over FRP could not be rejected merely on broad claims, as no cost-based justification or contemporaneous material was produced to show the entire differential was commercially driven; however, the impugned quantification did not follow the Tasgaon methodology and was not sustainable. For the year in question, deduction of the final cane price was allowable in full under s.36(1)(xvii).........
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