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1973 Supreme(Cal) 169

DEBI PRASAD PAL
TITAGHUR PAPER MILLS CO. LTD. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
BALAI ROY, R.MITRA, SOMNATH CHATTERJEE

DEBIPROSAD PAL, J.

( 1 ) THE petitioner-company owns and runs three paper mills situated at the following places: (1) No. 1 Mill at Titaghar, West Bengal. (2) No. 2 Mill at Kankinara, West Bengal. (3) No. 3 Mill at Choudwar, Cuttack, Orissa. There are 32 varying qualities or types of paper alleged to have been manufactured at the said three paper mills. Some of these different varieties of paper are as follows : (a) White printing and writing light and heavy. (b) Coloured printing and writing heavy and light. (c) Unbleached varieties. (d) Embossed covers. (e) Blottings. (f) Paste boards. (g) Coated paper. (h) Impression paper, etc. The petitioner made an application dated 21st June, 1967, in the statutory form before the appropriate authority for the grant of a tax credit certificate under Section 280zd of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), read with the Tax Credit Certificate (Excise Duty on Excess Clearance) Scheme, 1965 (hereinafter referred to as "the scheme"), for the financial year 1966-67. The basis on which the petitioner claims the tax credit certificate has not been clearly stated in the petition. In the course of the hearing, learned counse




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