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TMI Blog2014 (4) TMI 1065X X X X Extracts X X X X X X X X Extracts X X X X ..... ank guarantees or refund of the amount if the bank guarantee is already encashed. Ultimately, if the department's appeals are allowed, it would be difficult to recover the amount without any bank guarantee being available with the department. Under the circumstances, it is provided that pending these appeals, the respondents shall not be entitled to seek discharge of the bank guarantee or refun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der-in-original. Pending such proceedings, the vessels were released on furnishing bank guarantees as under : Sr. No. Name of Vessel Value Bond Amt. BG Amt. Master Bond provided by 1 DLB-600 205864038 2238748 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 43900000 45199440 1300000 Elisio P. Arcon BSS 6 AHT Jabbar 70000000 73400000 2000000 Ronile Joseph ASL 419264038 452241333 31300 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10,00,000 6 Tug AHT Jabbar 7,00,00,000 20,00,000 4. Such judgement of the Commissioner was reversed by the Tribunal by the impugned judgement. 5. Though served, except Shri Dakshesh Mehta in OJCA 198/2014, no one appeared for the respondent. Mr. Mehta pointed out that he was the owner of one of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to seek discharge of the bank guarantee or refund of the amount, if the bank guarantee is already encashed. It is provided that such bank guarantees/bonds shall be kept alive if not already encashed till the final disposal of the appeals. If the respondents do not do so. it would be open for the department to encash the bank guarantees subject of course to the outcome of the appeals. 8. Civil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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