https://www.taxtmi.com/caselaws?id=45468 Waiver of pre-deposit could not coherently coexist with permission to recover the same disputed duty, so the tribunal's directions were treated as mutually inconsistent. On those facts, encashment of the bank guarantee and recovery of the disputed amount were regarded as unjustified. The company's prior declaration as sick before the Board for Industrial and Financial Reconstruction was also considered relevant against execution of recovery in the circumstances. The impugned order was set aside, the recovered amount was directed to be restored to the petitioners' account, and a fresh bank guarantee was to be furnished on the same terms. en-us Tue, 29 Feb 2000 00:00:00 +0530 Mon, 12 Jul 2010 09:51:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=45468 Waiver of pre-deposit could not coherently coexist with permission to recover the same disputed duty, so the tribunal's directions were treated as mutually inconsistent. On those facts, encashment of the bank guarantee and recovery of the disputed amount were regarded as unjustified. The company's prior declaration as sick before the Board for Industrial and Financial Reconstruction was also considered relevant against execution of recovery in the circumstances. The impugned order was set aside, the recovered amount was directed to be restored to the petitioners' account, and a fresh bank guarantee was to be furnished on the same terms. Case-Laws Central Excise Tue, 29 Feb 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=45468