1999 (3) TMI 60

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....f the assessee for the period of their stay outside India in the ordinary course of their employment should not be excluded from the total salary while computing disallowance under section 40A(5) of the Income-tax Act, 1961 ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the amount representing medical reimbursement given to employees which was not treated as perquisite in computing disallowance under section 40A(5) of the Income-tax Act, 1961, should be treated as part of salary for computation of disallowance under the said provision ? 3. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that amount payable towards surta....

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.... installed machinery at the cost of Rs. 1,06,02,027 for manufacture of the following tanning agents, viz., (1) diketene, (2) acetoacetarylides and acetoeceta-mides, (3) acetic anhydride, (4) synthetic tanning agents. Under section 32A of the Act, investment allowance at the rate of 25 per cent. of the cost is allowable on new machinery or plant for the purpose of manufacture or production of one or more of the articles or things specified in the Ninth Schedule. Entry 26 and entry 27 of the Ninth Schedule read as follows : "26. Inorganic heavy chemicals (other than soda ash and caustic soda mentioned in items 12 and 13, respectively). 27. Organic heavy chemicals." The assessee claimed that chemicals manufactured or produced by the a....

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....Dictionary, IXth edition, published by Van Norestrand, Reinhold Company -page 430, the word "heavy chemicals" has been defined to mean "a chemical produced in tonnage quantities often in a relatively impure state. Examples : sodium chloride, sulphuric acid, etc." whereas the word "fine chemicals" is defined at page 384 of the same dictionary as "a chemical produced in comparatively small quantities and relatively pure state. Examples : pharmaceutical and biological products, perfumes, photographic chemicals, etc." Similarly, in the New Encyclopaedia Britannica, 15th edition, volume 4, page 128, gives the definition of the word "heavy organic chemicals" to mean chemicals like phenol, ethylene, etc. Similarly, Webster's Third New Internationa....