2006 (12) TMI 6

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....the respondents. 2. Rule. Rule made returnable forthwith. By consent of the parties taken up for final hearing. 3.The petitioner had furnished a bank guarantee through H.D.F.C. Bank for Rs.12.50 Iakhs during the course of provisional assessment of their excise duty of the year 2003. The provisional assessment has been finalised and Order-in-original has been passed on 28th November, 2006 whe....

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....provides that if a stay application is filed by the assessee against the order in original, no coercive action shall be taken to realist the dues till the disposal of the stay application. If the bank guarantee is encashed even before filing of the stay application, there will be no occasion for the petitioner to tile any such stay application. It appears that the Officer has moved rather too fast....