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1972 (11) TMI 91 - SC - Indian LawsWhether the price fixed under the impugned order, i.e., ₹ 124.63, is in consonance with s. 3(3C)? Held that:- The claim for additional interest at ₹ 2.29 per quintal does not appear to be sustainable, nor also the claim for deterioration of stock owing to the stock lying stored up beyond the normal period, the loss by way of deterioration during such period being the normal incidence of the trade which the manufacturer must anticipate. Regarding the claim of 63 paise owing to increase in freightage (i.e., of 54 paise by road and 9 paise by rail), the Tariff Commission refused to concede that claim. Even before us there are no adequate materials to come to any precise conclusion as to the ,extra burden which the appellants had actually to bear, though increase in freightage during the year is admitted. There is no doubt that if the sales after May 24, 1971 which were all in free market were to be taken into account, the average realised would come to much more than ₹ 130.77. There is, therefore, no doubt that taking the picture as a whole the Haryana factories got in any event a reasonable return on the capital employed. Thus on the construction of sub-section 3C adopted by us and such of the materials produced before us, we are of the opinion that no case for quashing the impugned order has been made out, nor has the price fixed by Government been shown to be inconsistent with the sub-section. Appeal dismissed.
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