9911796707
TMI Blog2015 (12) TMI 852X X X X Extracts X X X X X X X X Extracts X X X X ..... unconditional stay was granted on its merits and not on the basis of bank guarantee. There was no direction to the appellant, while passing the stay order on 12-10-2010 for keeping the bank guarantee alive. As such, raising the same issue again, does not advance the Revenues’ case. - Further the fact of executing the bank guarantee during the course of investigation with an undertaking to keep the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any reference to the Bank guarantee executed by them during the course of investigation and without passing any directions to the appellants to keep bank guarantee alive. In such a scenario, the appellants request for releasing the bank guarantee was accepted and the Revenue was directed to do so. 2. The contention of the learned advocate appearing for the appellant is that after passing of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction. Learned advocate prays for issuing appropriate directions to the concerned Commissioner. 3. Learned DR Shri Dixit has drawn our attention to a Misc. application filed by the Revenue on 19-11-2014 praying for the rectification of mistake in the said interim order. We have gone through the said application. It stands contended by the Revenue, that since the bank guarantee was executed duri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional stay was granted on its merits and not on the basis of bank guarantee. There was no direction to the appellant, while passing the stay order on 12-10-2010 for keeping the bank guarantee alive. As such, raising the same issue again, does not advance the Revenues case. 6. Further the fact of executing the bank guarantee during the course of investigation with an undertaking to keep the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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