Alembic chemical works ltd
Besides, the scope and extent of the exceptions recognised by s. The specific characteristics of the industrial microbial strains, media, and fermentation conditions cannot be described in detail since these facts are considered trade secrets.
But the finding of the Tribunal, as we read it, is that all the benefits which asses- see received under the agreement were as a part of the transaction which was undertaken with the ultimate view of a setting-up a new plant and a new process.
The Tribunal has since sub- mitted the supplementary statement of the case and has referred that question of law also.
Alembic pharmaceuticals ltd
It is a common sense appreciation of all the guiding features which must provide the ultimate answer Indeed, the High Court recognised the fallacy in this assumption of the Tribunal that a completely new plant was obtained by the assessee, though, however, the High Court attributed the inaccuracy to what it considered to be some inadvertence or misapprehension on the part of the Tribunal in that regard. The provisions of s. It is well-known that standardisation of conditions of service in industrial adjudication generally does not recognise or permit exceptions; if the hours of work are standardised, for instance, or the wage-structure is standardised, it is intended to make hours of work and wages uniform in the whose industry brought under the working of standardisation Standardisation thus inevitably means levelling up of those whose terms and conditions of service were less favourable than the standardised ones, and levelling down those of such others whose terms and conditions were more favourable than the standardised ones. Against the above order of the High Court, the assessee preferred an appeal to this Court, which was formally dis- posed of with a direction to the Tribunal to draw up a supplementary statement of the case and refer for the opin- ion of this Court, the further question of law as sought for by the assessee; and such a question to be considered in the present appeal. The said dispute related to a single demand made by the respondents with regard to leave. CA No. Let us illustrate what the con- sequence would be if the appellant's argument is accepted. VII it is mentioned: "penicillin, antibiotic, the discovery of which in by Sir Alexander Fleming marked the beginning of the antibioticera. The rapid strides in science and technology in the field should make this Court a little slow and circumspect in too readily pigeon-holing an outlay, such as this, as capital. For the purpose of determining which concerns and which employees would be governed by the Act s. Strick,  AC Lord Reid emphasised the futility of a strict application of and exclusive dependence on any single principle in the search for the true-position and pointed out the difficulty arising from taking too literally the general statements made in earlier cases and seeking to apply them to a different case which their authors certainly did not have in mind. It is also clear that s. Commissioner of Income-tax, 27 ITR 34, this Court observed: "If the expenditure is made for acquiring or bringing into existence an asset or advantage for the enduring benefit of the business it is properly attributable to capital and is of the nature of capital expenditure.
Learned counsel also urged that there was no material for the Tribunal to hold that the use of new process and tech- nology from Meiji amounted to a new venture not already in the line of the assessee's existing business or that it required the erection of a new plant discarding and sup- planting the huge investment already existing.
It would, in our opinion, be unrealistic to ignore the rapid advances in Researches in antibiotic medical microbiology and to attribute a degree of endurability and permanance to the technical know-how at any particular stage in this fast changing area of medical science. The origin of strains, and general principles of culture maintenance, fermenta- tion equipment, innoculum preparation, media, and fermentation conditions for penicillin and cephalosporin production, are public knowledge and are reviewed here.
Alembic pharmaceuticals limited panelav plant, panelav, gujarat
Setalvad, Attorney-General for India, G. In the present case, the principal reason that influ- enced the option of the High Court was that the initiation and exploitation of the new-process brought in their wake a new venture requiring an altogether new plant. On Meiji also agreed to advise the assessee in respect of any diffi- culty the assessee may encounter in applying the subcultures and informations obtained by the assessee from Meiji to the large scale manufacture of penicillin. It appears to us that the answer to the questions referred should be on the basis that the financial outlay under the agreement was for the better conduct and improve- ment of the existing business and should, therefore, be held to be a revenue expenditure. We are not impressed by this argument. What is material to consider is the nature of the advantage in a commercial sense and it is only where the advantage is in the capital field that the expenditure would be disallowable on an application of this test That is how provision for holidays came to be made. The financial outlay under the agreement was for the better conduct and improvement of the existing business 'and should, therefore, be held to be a revenue expenditure. VII it is mentioned: "penicillin, antibiotic, the discovery of which in by Sir Alexander Fleming marked the beginning of the antibioticera.
The expression "asset or advantage of an enduring nature" was evolved to emphasise the element of a sufficient degree of durability.
The Revenue contended that there was a new venture based on a new technology and know-how of unlimited duration which required a new plant for its commercial exploration.
Fleming observed that colonies of Staphylococ- cus aureus the pus-producing bacterium failed to grow in those areas of a culture that had been accidentally contaminated by the green mold Penicillium notatum.
based on 39 review