TaxTMI 
TaxTMI 
TaxTMI 
1980 (4) TMI 104
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....dise in respect of which a tax credit certificate shall be granted under sub-s. (1) and the rate at which the amount of such certificate shall be calculated shall be such as may be specified. in the scheme. In exercise of the powers conferred by s. 280ZE read with s. 280ZC of the I.T. Act, 1961, and of all other powers enabling it in that behalf, the Central Government notified a scheme, namely, the Tax Credit Certificate (Exports) Scheme, 1965, by a Notification dated August 17,1965, published in the Gazette of India, Extraordinary, Part II, page 35 3, dated August 15, 1965. According to Item No. 19 of the table appended to paragraph 3 of the Scheme, " All mineral ores other than iron ore and manganese ore " are entitled to tax credit at the rate of 15% of the sale proceeds received in India when exported to places outside India other than those in Nepal, Bhutan or Sikkim. Both the appellants made several applications in Form " E " for tax credit certificates against various consignments of kyanite. The Assistant Director of Tax Credit (Exports), Calcutta, rejected all the applications of the appellant by his orders, all dated June 10, 18, 1966, holding that kyanite was not a mi....
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....es may be, referred to I. The Encyclopaedia of Chemistry--Clark & Hawley (Reinhold Publishing Cop., New York, 1957, pp. 666-667). Ores: With some exceptions, metals are obtained from bodies of material occurring in the earth called ores. An ore is always a source of metal; the term is not applied to non-metallic substances such as clay, limestone, coal, etc. Ore is defined as a mixture of minerals which may be mined and treated at a source of metal with commercial profit. A mineral is a chemical compound occurring in nature and having a definite chemical composition and properties. An ore is distinguished from a mineral in that it is an aggregate of minerals and does not have a definite chemical composition ; further, in order to be an ore the material must have a commercial value as a source of metal. A mineral may or may not be of commercial value. In a mineral the metal is in chemical combination with another element or elements. Thus, the metal contained in an ore is usually not only chemically combined, but the compound is also physically mixed with other minerals. In the case of the so-called ' native ' ores, the metal is in the metallic state, not in chemical combina....
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....nerals: An ore mineral is one that may be used to obtain one or more metals. Most of them are metallic minerals, such as galena, which is mined for its load. A few are non-metallic minerals, such as malachite, bauxite, or cerussite, ore minerals of copper, aluminium and lead. The ore minerals occur as native metal, of which gold and platinum are examples, or as combinations of the metals with sulphur, arsenic, oxygen, silicon, or other elements. Combinations are the most common." Pages 22-23 : " Ore: The term ' Ore ' is often loosely used to designate anything that is mined. Technically, it is an aggregation of ore minerals and gangue from which one or more metals may be extracted at a profit. To be ore, the material must, therefore, be valuable, and this involves economic considerations as well as geologic. IX. Mining Geology by Hugh Exten. Mc. Kinslry, 1960 Edition (1st Indian Edition, under Chapter Glossary). (J. F. Kemp. Trans. Can. Mining Inst. 1909, page 367), Page 649. " Ore: A metalliferous mineral, or an aggregate of metalliferous minerals, more or less mixed with gangue, which from the standpoint of the miner can be won at a profit or from the standpoint of the me....
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.... of economic importance, that is to say, from which one or more metals can be profitably extracted. " XVI. Chambers' Encyclopaedia, New Edition, 1961, Vol. X. Page 234: " Ore deposit : An ore deposit is a geologic body that may be worked commercially for one or more metals. Thus, deposits containing workable amounts of lead, zinc, tin or copper minerals are ore deposits, whereas those containing commercial amounts of flourspar, gypsum or native sulphur are not strictly ore deposits for they do not yield a metal or metals. " XVII. Encyclopaedia of Science & Technology, Vol. IX, 1960 Edition, Mac--Graw Hill. Page 376: " Ore and mineral deposits: Ore deposits are naturally occurring geologic bodies that may be worked for one or more metals. The metals may be present as native elements, or, more commonly, as oxides, sulfides, sulfates, silicates or other compounds. It thus appears from the view expressed by the different authorities referred to above that the consensus of opinion is that an ore is a mineral from which metal can be extracted at a profit. Dr. Pal, however, submits that while it is true that when metals can be extracted at a profit from the mineral such mine....