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TMI Blog2007 (3) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... plication filed by the Revenue (appellant) is for stay of operation of the impugned order. After hearing both sides and considering their submissions, we are of the view that the appeal itself requires to be finally disposed of at this stage. Accordingly, after dismissing the stay application, we proceed to deal with the appeal. 2. The respondents had imported certain capital goods under EPCG sch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time-barred under Section 27(1)(b) of the Customs Act by the Dy. Commissioner. Aggrieved, the party preferred appeal to the Commissioner (Appeals) and the latter allowed the refund after holding that the Bank Guarantee amount did not constitute duty and hence the provisions of Section 27 ibid were not applicable to the claim for its refund. Presently, the Revenue is aggrieved by the view taken by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee under court's order to secure the revenue did not amount to payment of duty. The said decisions of the apex court were followed by the Tribunal in the case of Grasim Industries Ltd. v. Commissioner of Customs, Mumbai, 2005 (189) E.L.T. 100 (Tri.-Mumbai), wherein encashment of Bank Guarantee by the department on non-fulfilment of export obligation was held not amounting to payment of d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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