2016 (9) TMI 831

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....ar Jhabakh ORDER Heard Mr.S.Murugappan, learned counsel appearing for the petitioner and Mr.Rajkumar Jhabakh, learned Senior Standing Counsel appearing for the respondents. Perused the materials placed on record, including the written instructions given by the respondents to the learned Senior Standing Counsel. 2. In this writ petition, the petitioner seeks for a direction to the first re....

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....n terms of the license conditions, the petitioner was required to export the broken rice and rice produced by use of the above machinery within 8 years. The third respondent through a letter dated 05.09.2011, addressed to the Central Bank of India, Nizambad, called upon them to pay the bank guarantee amount on the ground that the petitioner-Company did not fulfill the export obligation within the ....

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....if the petitioner had approached the Assistant Commissioner (Refunds) for the refund of the amount, the same would have been considered and refund will be effected as per law.  4. The question would be as to whether the petitioner has to be directed to approach the Assistant Commissioner (Refunds) or a direction to be issued to the first respondent. 5. The Hon'ble Division Bench of ....

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....a condition that the assessee should provide a bank guarantee for the full amount of tax or duty or part thereof. The bank guarantee is the security for the revenue that in the event of the revenue succeeds, its due will be recoverable being backed up with the guarantee of the bank. The amount of disputed tax or duty that was secured by a bank guarantee could not therefore be held to be paid to th....