S.B. Sinha, A.C.J.

1. The matter was referred to this Bench keeping in view the importance of the question involved in this Appeal as to from which date two Notifications issued under section 25 of the Customs Act, 1962 (hereinafter referred to as 'the Act) would come into effect i.e. from the date of printing or from the date first made available for sale to the public or the date mentioned in the Notifications irrespective of when the Notifications are printed in the Official Gazette or the date of sale thereof?

2. The fact of the matter is as follows:

The respondent herein placed an order for generating set on an exporter of Germany on 6th July, 1989 for a price of Rs.2,00,90,000/-. A Notification bearing No. 59/89 was issued on 1st March, 1989, in terms whereof customs duty of such generator was payable at a maximum of 30 per cent. Another Notification bearing No. 144/90 was published on 20th March, whereby pegging applicable auxiliary duty was fixed at 30 per cent ad velorem. On or about 11th November, 1990, the respondent No.1 filed an Advance Bill of Entry for home consumption which was recorded on 18.2.1990. Another Notification bearing No. 296/90 superseeding Notifi