Law:

Section:

(a) Income-tax---Assessee deriving income from operating an ice factory--Meltage allowance in ice factory business--Meltage is in fact a slack season allowance and has nothing to do with application of G.P. rate--Meltage being allowed in parallel cases was allowed to the assessee by the Tribunal. (b) Income-tax--- ---Assessee deriving income from rice husking business--Assessee had maintained accounts of purchase of varieties of paddy--Held, there was no sense in adopting net income from said source--Income-tax Officer was required to work out assessee's income by adopting yield of rice, Tota and Phak m the light of results of parallel cases. (c) Income-tax-- ---Theft--Loss--Admissibility--Department could not dislodge fact of occurrence of theft on basis of any material--Claim of assessee was allowed. ORDER These two cross appeals relating to assessment year 1984-85 call in question the order passed by the learned AAC of Income-tax, Range-A, Multan. dated 20-11-1986. 2. The facts are that the assessee, a registered firm derived income from operating an ice factory and rice husking business. In the ice factory account the solitary grievance of the assessee was regarding meltage allowed at 10%. It was contended by the assessee' AR that m parallel cases meltage having been allowed at 15%, after rejection of the assessee's version similar treatment should have been meted out in this case as well. We do not feel any hesitation in accepting the assessee's plea. The Assessee' declared version was discarded by A the I T O and the production was worked out on the basis of usual formula. Meltage is in fact a slack season allowance and it has nothing to do with application of C.P. rate. In other parallel cases the Tribunal having allowed meltage at 15%, we modify the impugned order directing allowance of meltage at, 15% for the year under review. 3. In rice husking business the assessee husked 224160 kgs of IRRI-6 variety of paddy and 260120 kgs of basmati. The assessee had declared different yield of rice, Tota and Phak in both types of husking. The I.T.O. mentioned the husking results of three parallel cases and made general observation regarding inflation of purchase…

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