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2008 (12) TMI 693 - KERALA HIGH COURTWhether the finding that firm order had not been placed for necessary plant and machinery is correct, and whether what is the interpretation to be placed on the said words in a notification of this nature? Held that:- Going by the principle of purposeful interpretation, we may not be justified in accepting the extreme positions canvassed by the appellant on the one hand and the respondents on the other hand. We would think that the purport of the clause would be that if the party had acquired a substantial portion of the necessary plant and machinery or placed firm orders in this regard before January 1, 2000 alone, it could be held entitled to the benefit of exemption. As far as the facts of this case are concerned, as already noted, in our view, the appellant has succeeded in proving that it has placed firm orders in respect of plant and machinery worth only ₹ 1,05,00,000, when the total value of the plant and machinery is in the region of ₹ 32 crores. Even if we were to include installation and commissioning of the blow-moulding machine stated to be worth ₹ 15,00,000 as plant and machinery, the total amount would still be only ₹ 1,20,00,000. In such circumstances, there is absolutely no merit in the contention of the appellant and the writ appeal deserves to be dismissed, and we do so.
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