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TMI Blog1997 (10) TMI 134X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent. [Order per : G.R. Sharma, Member (T)]. Shri R. Swaminathan, the ld. Consultant appearing for the appellants in the instant case, at the outset, submits that he may be permitted to withdraw the Miscellaneous Application No. E/Misc/515/97-NB. Shri P.K. Jain, the ld. SDR, submits that once an application is filed and was argued, it should be decided finally. 2. Heard. Considered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been filed by the Controller of Publication. It is stated that this notification was made available to the public only on 22-7-1993. That will, therefore, be the date of publication of the notification in view of our judgment in Universal Cans and Containers Ltd. v. Union of India, 1993 (64) E.L.T. 23. The bill of entry, therefore, be processed on the basis of the date of notification as 22-7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthorities are set aside and the appeal allowed with consequential relief to the appellants. 5. The ld. Consultant submitted that when the Collector of Central Excise filed an appeal against the order of the Tribunal, the Apex Court held In view of the letter issued by the Department of Publication that the Gazette was made available only on 19-5-1984, i.e. made available at the place of its p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eposit of duty amounting to Rs. 7,06,460.82 may be dispensed with. 5. Shri P.K. Jain, the ld. SDR, opposes the request for dispensing with the pre-deposit of duty and submits that naturally the date printed on any notification is the date of its publication and therefore, i.e. the material date for the purpose of implementing the notification. He submits that the date on the relevant notificatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Applicants to deposit a sum of Rs. 1.50 lakh (Rupees One lakh and Fifty thousand only) on or before 18th December, 1997. On compliance of this order, deposit/recovery of the balance amount of duty shall remain stayed during the pendency of the appeal. Failure to deposit the amount as stipulated above shall lead to dismissal of the appeal without any further notice. 7. To come up for reporting ..... X X X X Extracts X X X X X X X X Extracts X X X X
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