2006 (12) TMI 6

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..... - Order per P.C. :- Heard Mr. Patil in support of this petition. Mrs. Bharucha appears for the respondents. 2. Rule. Rule made returnable forthwith. By consent of the parties taken up for final hearing. 3. The petitioner had furnished a bank guarantee through H.D.F.C. Bank for Rs.12.50 Iakhs during the course of provisional assessment of their excise duty of the year 2003. The pro .....

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..... d particularly instructions contained in Rule 1.3 of the part 3 thereof which is on recovery of duty. It provides that if a stay application is filed by the assessee against the order in original, no coercive action shall be taken to realist the dues till the disposal of the stay application. If the bank guarantee is encashed even before filing of the stay application, there will be no occasion fo .....

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..... rned Officer will render the remedy available under statute infructuous The Officers must not that they must be vigilant in collecting dues but they should not take steps which will nullify the remedy which are otherwise available under the statute. 7. Rule is made absolute in terms of prayer clause (a) with no order as costs. 8. The writ petition stands disposed of. - - TaxTMI - TMI .....

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