Board’s powers - What amounts to disposal of property to attract restriction contemplated in clause (a)

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..... interpretation of section 293(1)(a) has been receiving the attention of this Department for quite some time and the Department has given clarifications in their Circulars of even number, dated 19‑2‑1969, 5‑9‑1969 and 12‑1‑1970. The Department has since considered the matter once again in the light of different opinions expressed on the subject. In view thereof, .....

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..... ither the undertaking or a part of the undertaking within the meaning of section 293(1)(a). The Department has not been advised that all types of mortgages of such essential properties or the undertakings of a company, which happen to be an essential part of the business activity, so as to constitute its undertaking would require compliance with the provisions of section 293(1)(a) and not otherwis .....

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..... hether mortgage of company s properties amounts to disposal to attract the provisions of the section. The matter has been considered by the Department and it is viewed that if a company makes assignable mortgage of the whole or substantially the whole of its undertaking for obtaining loans or other financial assistance, it need not comply with the provisions of section 293(1)(a) but in case such .....

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