2022 (8) TMI 1122

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.... or direction in the nature of certiorari to quash and set-aside the order dated 16.07.2021 passed by the Respondent No.2; and/or (b) Issue a writ, order or direction in the nature of declaration, holding and declaring that the encashing of the bank guarantee furnished by the Petitioner as security at the time of provisional release in reference to the fact that the appeal has been filed before the Appellate Tribunal after depositing the mandatory pre-deposit amount; (c) Issue a writ, order or direction in the nature of mandamus to the Respondents to release/refund the amount of Rs.24,59,401/- to the Petitioner, which they have collected by encashing the bank guarantee; (d) Grant cost of the petition; and..." 2....

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....enalty imposed on the petitioner. The petitioner is mulct with penalty amounting to Rs. 25,00,000/-. 6.1. We are told that the appeal filed with the Tribunal is pending adjudication. 7. Mr Harpreet Singh, who appears on behalf of the respondents/revenue, says that since the validity of the aforementioned bank guarantees was not extended, they were encashed. 7.1. Admittedly, the aforementioned bank guarantees were invoked on 04.12.2020. The amount against the said bank guarantees was received by the respondents/revenue via a demand draft dated 29.12.2020. 8. Ms Manish has brought to our notice, a circular bearing Circular No.984/08/2014-CX, dated 16.09.2014, which, inter alia, states that once a pre-deposit of the requisite amoun....