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2013 (4) TMI 110 - AT - CustomsDespite the order of this Tribunal the revenue is not releasing the bank guarantees - Held that - We find that this tribunal has passed the order on 30.10.2012 which was pronounced in the Open court and as per the Board s Circular no. 802/35/2004-CX dated 8.12.2004, when an issue is decided by the Tribunal in favour of the assessee, Revenue is bound to release the Bank guarantee within 90 days of the said order. As per the Board s Circular, the Revenue is bound to release the bank guarantees unless and until it is stayed by the higher forum. No stay is obtained by the Revenue as per the report filed by them - Therefore, in the interest of justice, Revenue is granted 10 days time to comply with the Tribunal s order dated 30.12.2012 (sic), failing which the concerned official shall face the consequences. The matter to come up on 08/04/2012 (sic).
Issues:
Compliance with final order for releasing bank guarantees post-tribunal decision. Analysis: The applicant sought intervention for compliance with the final order passed by the Tribunal on 30.10.2012, where the impugned was set aside and appeals were allowed with consequential relief. Despite issuing two Bank Guarantees of Rs.20 lakhs during the provisional release of the impugned vehicle, the revenue did not release the bank guarantees. The Tribunal noted that as per Board's Circular no. 802/35/2004-CX, when an issue is decided in favor of the assessee, the Revenue must release the Bank guarantee within 90 days of the order. A report was requested from the department, and in response, the department indicated their intention to file an appeal before the Hon'ble Supreme Court against the Tribunal's judgment. The department requested a six-month period to hold the Bank Guarantee pending the appeal and stay application. However, the Tribunal emphasized that unless a stay is obtained by a higher forum, the Revenue is obligated to release the bank guarantees. The Revenue was granted 10 days to comply with the Tribunal's order, failing which consequences would follow. The matter was scheduled to be reviewed on 08/04/2012.
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