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.
To seethe complete text of order of Hon’ble Supreme Courts by clicking the linkbelow;- http://courtnic.nic.in/supremecourt/temp/cc%2029512p.txt
MESSAGE RECEIVED FROM SG , AIACEGEO IN THE MATTER IS ALSO POSTED BELOW FOR INFORMATION:-
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.