1997 (10) TMI 134 - AT - Central Excise

Summary

Issues:
1. Withdrawal of miscellaneous application.
2. Dispute regarding the date of publication of a notification.
3. Pre-deposit of duty amount.

Analysis:
1. The judgment begins with the request for withdrawal of a miscellaneous application by the appellant, which is accepted by the tribunal, leading to the dismissal of the application.

2. The main dispute revolves around the date of publication of Notification No. 76/95. The appellant's consultant argues that the date of publication is crucial, citing judgments from the Delhi High Court and the Supreme Court in similar cases. The tribunal considers the actual availability of the notification to the public, directing the appellant to deposit a specified amount as a pre-deposit of duty by a certain date to stay the recovery of the balance amount during the appeal process.

3. The appellant contends that the date of actual availability of the notification, not the printed date, is significant based on Supreme Court decisions. In contrast, the respondent argues that the printed date is the material date for implementing the notification. The tribunal acknowledges the delay in publication after sending notifications to the press and orders the appellant to deposit a specific amount by a set deadline, failing which the appeal would be dismissed without further notice.

Conclusion:
The judgment addresses the withdrawal of a miscellaneous application, the importance of the actual date of publication of a notification in duty disputes, and the requirement for a pre-deposit of duty amount to stay the recovery process during an appeal. The tribunal's decision emphasizes the practical aspect of notification publication and sets a specific deposit deadline for the appellant to comply with to avoid dismissal of the appeal.