9911796707
TMI Blog2014 (2) TMI 701X X X X Extracts X X X X X X X X Extracts X X X X ..... t of Rs. 45 lakhs in the form of cash, the petitioner is willing to pay the said amount by way of bank guarantee. Respondent is directed to release the goods, however, on the petitioner furnishing bank guarantee to the tune of Rs. 22.50 lakhs and making cash payment to the tune of Rs. 22.50 lakhs (totally Rs. 45 lakhs) and also on the petitioner filing an affidavit of undertaking to the effect that the said bank guarantee will be kept alive for a period of one year or till the disposal of the appeals - Decided in favour of assessee. - W.P. No. 20103 of 2011 and M.P. No. 1 of 2011 - - - Dated:- 19-9-2011 - K. Suguna, J. Shri V.P. Raman, for the Petitioner. Shri K. Ravi Ananta Padmanabhan, for the Respondent. ORDER This w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal; since the goods have been lying for a period of three years with the first respondent and in spite of their best efforts, since the appeals could not get disposed of, the petitioner-company had filed W.P. No. 14204 of 2011 and the Managing Director of the petitioner-company had filed W.P. No. 14205 of 2011 seeking writs of mandamus directing the Tribunal to dispose of the appeals immediately; the said writ petitions were disposed of by orders dated 20-6-2011, directing the Tribunal to dispose of the said appeals as expeditiously as possible, however, not later than six weeks from the date of receipt of a copy of the said orders. 4. Now, the main grievance of the learned counsel for the petitioner is that in spite of such a directio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same has to be paid only in the form of cash and not by way of bank guarantee. Based on these submissions, the learned counsel for the respondent-department has sought dismissal of the writ petition. 6. I have considered the above submissions made by the learned counsel for the petitioner and also the learned Standing Counsel appearing for the first respondent. 7. The only remedy now sought by the petitioner is that goods have to be released on his furnishing bank guarantee as directed by the Tribunal to the tune of Rs. 45 lakhs. According to the learned counsel for the petitioner, instead of making payment of Rs. 45 lakhs in the form of cash, the petitioner is willing to pay the said amount by way of bank guarantee. 8. The learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xported under Shipping Bill Nos. 3059706, 3063066, 3063537, 3064974 and 3066777, however, on the petitioner furnishing bank guarantee to the tune of Rs. 22.50 lakhs and making cash payment to the tune of Rs. 22.50 lakhs (totally Rs. 45 lakhs) and also on the petitioner filing an affidavit of undertaking to the effect that the said bank guarantee will be kept alive for a period of one year or till the disposal of the appeals. In the event of the petitioner s failure in keeping up this undertaking to be filed, the first respondent is at liberty to take any penal action as against the petitioner, that is to say, if the petitioner revokes the bank guarantee before the expiry period of one year or before finalisation of the appeals, the first re ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
