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2011 (11) TMI 353 - ANDHRA PRADESH HIGH COURTWrit - Assessee manufacturers of PVC Cloth claimed certain discounts, packing charges - Bank Guarantee furnished - Revenue encashed the bank guarantee while the appeal was pending - Held That:- Non refund of encashed BG even when appeal is pending is unsustainable and against boards circular. - Not to order refund of the amount due to encashment of BG even while the appeal of the petitioner is pending, in our considered opinion, amounts to adding insult to injury. There cannot be premium for the default of the public authority who, in law, is bound to dispose of the appeals within a reasonable time. - Thus respondents liable to refund the amount along with interest. Thus petition stands allowed.
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