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I.T.C. Limited v. Collector of Central Excise, Bombay

Dismissed
Court
Supreme Court of India
Decided
26 August 1996
Bench
J. S. Verma, B. N. Kirpal
Result
Appeal dismissed.

Headnote

Notification-Operativeness and enforceability-Publication in Official Gazette-Changes brought about by Notification also announced through radio-Press release also mad~-Appellant's claim that there was failure to make the law knowit-Held not maintainable.

Mis. Pankaj Jain Agencies v. Union of India and Ors., [1994) 5 SCC 198, relied on.

Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.

Judgment

The points raised in this appeal are covered squarely against the appellant by the decision of this Court in Mis. Pankaj Jain Agencies v. Union of India and Others, [1994] 5 SCC 198, wherein it was emphatically stated as under :

'We, therefore, se(~ no substance in the contention that not-withstanding the publication in the Official Gazette there was yet a failure to make the law known and that, therefore, the notification did not acquire the eiements of operativeness and enforceability. This contention of Shri Ganesh is unacceptable."

(Para 18) We may also observe that rejection by the Tribunal of the appellant's case. even on the admitted position that on the very date of issue of notification there was a radio announcement about the changes brought about by these notifications; and also a press release is another ground to justify rejection of the appellant's claim. Accordingly, there is no ground to admit the appeal.

The appeal is, therefore, dismissed.

Case details

Arising from

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 10379 of 1996.

From the Judgment and Order dated 8.4.96 of the Customs Excise and Gold (Control) Appellate Tribunal, Wctst Regional Bench, Bombay in P.O. No. 1260196-WRB in Appeal No. E.D. (Bom)-298of1986.

Appearances

Joseph Vellopally, Ravincler Narain, Ashok Sagar, Ms. Punita Singh and Ms. Sonu Bhatnagar for JBD & Co. for the Appellants.

Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.