2013 (12) TMI 349

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...., Advocate, for the Appellant. Shri R.S. Sangia, SDR, for the Respondent. ORDER The present application stands filed by the applicant on the ground that the Tribunal having instructed the department not to encash the bank guarantee during the pendency of appeal, the Revenue has gone ahead and encashed the bank guarantee. 2. After hearing both the sides, we find that vide Order No. S/32....

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....-2011 intimated the Revenue about the pronouncement of the order by the Tribunal, the said order was not available either with the appellant or with the Revenue on the said date. Subsequently, the bank responded to the Revenue's letter written on 7-3-2011, converted the bank guarantee into demand draft dated 17-3-2011 and handed over the same to the department. The said course of action is the app....

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....e Tribunal's decision would have reached in the hands of the concerned officer would be the next morning i.e. on 16-3-2011. Before the action could be taken by the concerned officer, the bank has already converted the bank guarantee into the demand draft on 17-3-2011. In these circumstances, it cannot be concluded that the action on the part of the Revenue for getting the bank guarantee encashed w....