2016 (9) TMI 24

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..... t aside and appeal of the appellant has been allowed, there is no need of re-assessment of Bill of Entries because the assessment attained finality at least for the time being in terms of this Tribunal’s order dt. 14.5.2013. In absence of any stay order by the High Court / Supreme Court, refund cannot be withholded – refund to be made. - C/86536/2013 - M/88876/16/CB - Dated:- 11-7-2016 - Shri R .....

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..... d under protest on the loaded value. 2. Ms. Lakshmi Menon, Ld. Counsel for the applicant concedes that bank guarantee has already been returned by the department therefore the prayer to that extent need not to be considered. As regard consequential refund of ₹ 1,94,05,594/-. She submits that the refund is consequential to the order of this Tribunal passed on 14.5.2013, more than 3 years .....

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..... Tribunal has passed order on 14.5.2013 and almost more than three years have passed. The Revenue has not obtained any stay as per Board s Circular No. 572/9/2001-CX dt.22.02.2001 as amended by 695/11/2003-CX dt. 24.2.2003 if the department is not able to obtain stay of the order within 3 months, the consequential refund should be granted. The Board Circular is binding on the field formation as pe .....

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