2017 (12) TMI 1506

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....rishnan, Senior Advocate with Mr. Anuj Malhotra, Advocate For The Respondents : Mr. Anil Kathuria, ASC with Mr. Neeraj Arora, Advocate for R-1. Mr. Snehasish Mukherjee, learned counsel ORDER 1. The Petitioners seek the release of the Bank Guarantee ('BG') dated 16th February 2008 in the sum of Rs. 70 lakhs issued in favour of the Respondent No. 1 by the Petitioners. Although the petition ....

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....rit petition, asked for return of the BGs by letters dated 12th May 2015 and 15th June 2016. By replies dated 16th June 2016 (by Respondent No.2) and 23rd June 2016 (by Respondent No.1), the Petitioners were asked to approach this Court for return of the BGs. 4. In the present petition, on 22nd May 2017, the Court granted a final opportunity to the Respondents to file replies. Respondent No.1 w....

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....ead of paying service tax under protest they furnished a BG in favour of Respondent No.1. If the AAI, on its own, deposited the service tax with the Central Government, the AAI would be entitled to refund thereof in accordance with law. The AAI would have to satisfy the Central Government that it has not passed on the burden of the service tax liability to the Petitioners, which in fact, it did no....