Friends, in the ratio case Contempt Petition (Civil)
295 /2012 filed by ALL INDIA
ASSN.OF CEN.EXC.& ANR V/s R.S.GUJRAL
& ORS. and 285/ 2012 filed by S.P.DUDEJA & ANR. V/s S.K.
GOEL & ANR, both were listed for hearing on 15.10.2012 wherein Honb’le
Supreme Court passed the following
order;-
Learned counsel appearing for
the petitioners prays for
some time to file rejoinder affidavit
to the reply
filed on
behalf of the Secretary(Revenue), Ministry of Finance
on 19th
September, 2012. Let the needful be done within two weeks.
List thereafter.
MESSAGE RECEIVED FROM SG
, AIACEGEO IN THE MATTER IS ALSO POSTED BELOW FOR INFORMATION:-
Dear friends,
good evening.
The case has been
adjourned for 2 weeks today. But unfortunately, the advocate from Central
Excise (Pune) side didn't utter even a single word to oppose/condemn the RR's
finalised by the government. The judge asked very specifically whether we are
accepting the RR's. The advocate from Customs (P) side said, "Yes"
and Central Excise side advocate kept mum. Thus, CE advocate accepted the RR's
by his silence. He should have opposed the RR's.
Finally, Judge said
that now the only issue is whether the RR's should be applicable on ad hoc
promotions since 1997. Customs advocate again said, "Yes". This was
the reason of my apprehension for final approval to RR's by SC. AIB has already
opposed/condemned the new RR's in the very beginning also challenging/condemning
the same in the CAT. But if the rules once get the stamp of finalisation from
SC, CAT may not touch the case. Now, it is advisable that we should intervene
into the matter on behalf of AIB hiring one separate advocate at least to say
that we have not accepted the RR's.
Love,
Ravi
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