2015 (12) TMI 852

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....pellant. Shri G. Dixit, DR, for the Respondent. ORDER [Order per : Archana Wadhwa, Member (J) (for the Bench)]. - Vide interim Order No. 552-554/2014, dated 3-7-2014, the Tribunal by taking note of the entire development concluded that vide Misc. Order No. C/191/2010, dated 12-10-2010 unconditional stay was granted to the appellant without making any reference to the Bank guarantee executed by ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....at the bank guarantees already stand expired on 10-9-2014 and no claim under the said bank guarantee will be admissible and the Bank stand discharged from the liability thereunder and no claim under said guarantee will be admissible. In spite of that, the Commissioner has not taken any action to refund the bank guarantee to the Bank for their further action. Learned advocate prays for issuing appr....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....posit only after taking note of the learned advocates statement that Revenue's interest is fully protected by the bank guarantee. 5. We find no merit in the above stand of the Revenue. The fact of submission made by the advocate as regards the bank guarantee, already stands considered by us while passing the Misc. order and it stands observed that unconditional stay was granted on its merits....