J.C. SHAH, J.

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

(1) Whether the Company charged any profit apart from storage charges for supplying cement and structural steel ; and

(2) Whether the difference between the price charged to the contractors and the price paid -by the Company to its suppliers for bricks was not in respect of storage and other incidental charges.

(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 c