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TMI Blog2022 (8) TMI 1122X X X X Extracts X X X X X X X X Extracts X X X X ..... ultimately, taken recourse to by the petitioner, to our minds, the aforementioned bank guarantees could not have been encashed - having regard to the state of affairs, it is clear that the respondents/revenue will have to remit the amount to the petitioner, as reflected in the aforementioned bank guarantees. The respondents/revenue, concededly, can recover the demand raised, only if the petitioner were to ultimately fail in the appeal or in any other proceedings taken out thereafter, before a superior forum - the instant writ petition is disposed of, with the direction that the impugned order dated 16.07.2021 shall stand quashed. X X X X Extracts X X X X X X X X Extracts X X X X ..... Date of BG Amount of BG Shipping Bill No. & Date 1 6041IFIBG180002 21.03.2018 Rs.7,29,858/- 2678044 dt.06.02.2018 2 6041IFIBG180003 21.03.2018 Rs.8,36,533/- 2677670 dt. 06.02.2018 3 6041IFIBG180004 21.03.2018 Rs.8,93,010/- 2677803 dt. 06.02.2018 4. Ms Anjali J. Manish, who appears on behalf of the petitioner, informs us that since a detention certificate was issued, the provisional release of goods was not sought, although the aforementioned bank guarantees were furnished. 5. The record discloses (something which is not disputed by the respondents/revenue), that a show-cause notice dated 11.05.2018 was issued to the petitioner and subsequently, an adjudication order was passed on 05.12.2018. 6. The record also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9E of Customs Act, 1962, shall be taken during the pendency of appeal where the party/assessee shows to the jurisdictional authorities : (i) proof of payment of stipulated amount as pre-deposit of 7.5%/10%, subject to a limit of Rs.10 crores, as the case may be; and (ii) the copy of appeal memo filed with the appellate authority." 8.2. This position is not disputed by Mr Harpreet Singh. 9. Given the fact that there is a stay on the demand raised by the respondents/revenue, as also the undisputed fact which has emerged, that the provisional release of goods was not, ultimately, taken recourse to by the petitioner, to our minds, the aforementioned bank guarantees could not have been encashed. 10. Mr Singh says that while there is a jus ..... X X X X Extracts X X X X X X X X Extracts X X X X
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