HINDUSTAN STEEL LIMITED Vs. STATE OF ORISSA

JUDGEMENT

(1.) By order, dated August 4, 1969, this court called for a supplementary statement of the case on the following points :

(2.) The tribunal has submitted the statement of the case which clearly shows that the Company had not charged any profit for supplying cement and structural steel from its contractors to whom those commodities had been supplied. The tribunal has also held that even though there was a small difference between the cost price to the Company and the amount received from the contractors, it was not possible to hold that any profit was intended or made by the Company.

(3.) As we observed in our earlier judgment in Messrs. Hindustan Steel Ltd. v. State of orissa, the contractors were required to pay for cement in bags Rs. 5.94 plus 3 % storage charges and for structural steel and M. S. Rods Rs. 800. 00, plus 3% storage charges. It appears that besides that price of steel and cement the Company had also charged freight, insurance and handling charges. But those were evidently expenses which were actually incurred by the Company and must be regarded as part of the price which the Company had to pay. It is clear that the Company had made no profit when it supplied cement and structural steel to the contractors.