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
average DR of the firms under
consideration, they will be given average delivery
rating. However, if their past performance is
below average delivery, the actual ... with other clause of the tender. Clause
19.3.1 lays down the period for calculation of Delivery Rating between
1.5.1999 to 30.4.2001 while Clause 19.3.2 stipulates
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
clause 70.3 of the COPA. The relevant extract of
the said clause reads as under: -
"Sub-Clause 70.3: Adjustment Formulae
i)..........iv)........
v) Adjustment ... given is extracted below:
6. Sub- It is stated that average official The average
Clause retail price of bitumen at IOC rate is only
calculating the disallowance at 0.5% of
average value of investments as per clause (iii) of Rule 8 D (2) of
the Income Tax Rules ... being the amount equal to
0.5% of the average value of investments under clause (iii) of Rule 8D
(2).
Order
clause 10CC of the contract.
63. Clause 10CC of the contract required:-
The index relevant for any month will be arithmetical average of the indices ... that benefit of clause 10CC had to be worked out every quarter and for said reason the clause stipulated arithmetical average of indices relevant
circumstances."
TERMS OF SHIPMENT SUB CLAUSE 16
"16. The cargo to be discharged at an average rate of
4000 MT for Vishakapatnam ... time and
not the discharge rate. The clause 16 annexure II of the
contract clearly mentions the average rate of discharge to
be prorated basis
average export obligation
in respect of the licences issued to the firm /
company (other than debonding unit) shall remain
unchanged and the average EO after ... provide a clarification with regard to maintenance of annual average
turnover. Clause (i) of the aforesaid circular clarified that a standalone unit
was not required
pegged, whichever is less.
Clause (j) to Rule 2 which defines the expression ―employee‖ referred
to in clause (iv) of clause (o) reads:-
―(j) ―employee ... years, the basic pension is calculated at 50% of his average
emoluments. Under clause (a) of sub-Rule (3) additional pension shall
cent of the average adjusted total income of the assessed. The average adjusted total income again has been defined in clause (ii) of Explanation ... clause (b) of section 44C of the Income Tax Act, 1961, the said clause provides' for computation of deduction of average head office expenditure
