https://www.taxtmi.com/caselaws?id=54171 The Tribunal held that the premature encashment of the bank guarantee by the Revenue, without fulfilling the export obligation, was unjust. The Tribunal emphasized that the bank guarantee was a security measure and not a payment of duty. Refund was granted to the appellants as the encashed amount was not a duty demand but a security measure. Citing Supreme Court precedents and a Rajasthan High Court decision, the Tribunal set aside the Commissioner (Appeals) decision, allowing the appeal and providing relief to the appellants. en-us Tue, 28 Jun 2005 00:00:00 +0530 Mon, 18 Oct 2010 13:19:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=54171 The Tribunal held that the premature encashment of the bank guarantee by the Revenue, without fulfilling the export obligation, was unjust. The Tribunal emphasized that the bank guarantee was a security measure and not a payment of duty. Refund was granted to the appellants as the encashed amount was not a duty demand but a security measure. Citing Supreme Court precedents and a Rajasthan High Court decision, the Tribunal set aside the Commissioner (Appeals) decision, allowing the appeal and providing relief to the appellants. Case-Laws Customs Tue, 28 Jun 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=54171