1988 (12) TMI 125

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....d the appeal by order dated 20-6-1988, a copy of which is Ext. P 1. The demand for payment of duty, as also the imposition of penalty were both set aside. 2. Pending appeal, and in compliance with an interim order of the Tribunal on an application for stay made before it, the petitioner made deposit of an amount of Rs. 3.5 lakhs towards the demand, and furnished security by way of bank guarantee for Rs. 8 lakhs. But virtue of the order Ext. PI of the Tribunal, the petitioner became entitled to refund of the amount of Rs. 3.5 lakhs, as also for revocation of the bank guarantee. The Tribunal had specifically stated in its order that the bank guarantee will stand discharged. The petitioner applied to the respondents for refund of the amount d....

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....Private Ltd. v. Collector of Customs, 1986 (25) E.L.T. 670 (Cal.). The respondents therefore pray for a dismissal of the writ petition. 4. The deposit of Rs. 3.5 lakhs was made by the petitioner pursuant to the interim order of the Tribunal on an application for stay made before it. The bank guarantee was also furnished in compliance with that order. The amount was paid towards the levy made by the Collector in his order on adjudication. When the appeal was allowed by the Tribunal, and the demand and imposition of penalty set aside, the petitioner became entitled forthwith to restitution of the amount, and for discharge of the bank guarantee. The right of the respondents to retain the amount paid being referable only to the order of adjudi....