LAKSHMI MACHINE WORK LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is a public limited company at Coimbatore. THEy have their factories in the Coimbatore District and they manufacture textile machineries. THE machineries are manufactured according to precise specification and designs of their customers. In other words, the machineries are manufactured to suit the individual customer's need and requirements. If a particular customer does not take delivery of the finished goods, the petitioners will be prejudiced and they will have considerable difficulty in disposing of such machines. With a view to avoid such contingencies, it is stated that the petitioners take advance security deposits from the customers. Normally, the amount of security deposited is 10% of the value of orders. It is also contended by the petitioner that the widespread practice in the industry manufacturing tailor-made machineries to observe certain norms and conditions. THEy are as follows :-

(2.) IT is under these circumstances the petitioner has approached this Honourable Court for the issue ofCertiorari-fied-mandamusto quash the general instruction issued on 13-6-1990 by the first respondent, the T.N. No. 200/90 issued by the third respondent and consequently forbear the respondents from levying and collecting excise duties on the notional interest on security deposits collected by the petitioners.

(3.) IN elaborating the plea of the petitioners, Shri K. Parasaran, raises the following points :-