Firstly, he
completely excluded from consideration the provisions of
sub-clause (ii) of clause (e) of Section 39(1) and did not
either appraise ... forests under clause (e) of Section
39 (1) ? The whether under clause (c) of Section 44 , 15 % is
deductible from the average annual income from
Oberoi Constructions Private Limited A ... vs State Of Maharashtra And Ors. Etc. Etc. on 24
charges made by the licensee shall not exceed on
average 117% ....." in clause 9.1, have ignored the significance of the
words `on average ... clause and also achieves the object of the
clause. We will elaborate the reasons therefor.
Re: Interpretation (i)
16. The first interpretation of clause
electricity purchased from external sources the
clause says that the actual increase in the average unit rate of purchase will
apply, that ... with
respect to the year 1991-92, and similarly in clause 16.10.3.1 the average
cost of fuel in respect of energy generated at Board
Clause 3(c) and Clause 6 of the agreement reads as follows:
"3(c) -- Subject to Clause 6 appearing hereinafter in the agreement ... such an event Clause 16.8 has to be read along with Clause
3(c) which provides that such average bills
should be raised having
consider reasonable is to be taken and
the average calculated. Under the second clause the annual
yield as on the date of vesting ... arrived at on the basis of clause (i) and on the
basis of clause (ii). It is the average annual income from
forest which
Departmental Representative contended that proviso to clause (1) applied not only to Sub-clause (d) of clause (1) but also to Sub-clauses ... refers to "average of such value" and this "average of such value" is relevant only to Sub-clause (d) because
mentioned in the clause is the
matrix appearing in the earlier part of the clause, which is as
under:
Clause 2. Volume of Work
Minimum ... average production per month, not total
production, only average production. It is this averaging of
production that the contract refers to as average productivity
investment was made under clause (iii) of Rule 8D (2) of the Rules. For
computing disallowance under clause (iii) the average investments at the
beginning ... with reference to the
formula prescribed. Numerical B in clause (ii) refers to average value of the
investment, income from which does not form part
discarded.
23. Explanation 1 states that the determination of the average sale price
under Clause (b) must be based on sale deeds or agreements ... Explanation 1 to Section 26(1) is for calculating the
average sale price under Clause (b) to Section 26(1) and not Clause
