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TMI Blog1988 (12) TMI 125X X X X Extracts X X X X X X X X Extracts X X X X ..... Ext. P 1. The demand for payment of duty, as also the imposition of penalty were both set aside. 2. Pending appeal, and in compliance with an interim order of the Tribunal on an application for stay made before it, the petitioner made deposit of an amount of Rs. 3.5 lakhs towards the demand, and furnished security by way of bank guarantee for Rs. 8 lakhs. But virtue of the order Ext. PI of the Tribunal, the petitioner became entitled to refund of the amount of Rs. 3.5 lakhs, as also for revocation of the bank guarantee. The Tribunal had specifically stated in its order that the bank guarantee will stand discharged. The petitioner applied to the respondents for refund of the amount deposited and for revocation of the bank guarantee consequ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 70 (Cal.). The respondents therefore pray for a dismissal of the writ petition. 4. The deposit of Rs. 3.5 lakhs was made by the petitioner pursuant to the interim order of the Tribunal on an application for stay made before it. The bank guarantee was also furnished in compliance with that order. The amount was paid towards the levy made by the Collector in his order on adjudication. When the appeal was allowed by the Tribunal, and the demand and imposition of penalty set aside, the petitioner became entitled forthwith to restitution of the amount, and for discharge of the bank guarantee. The right of the respondents to retain the amount paid being referable only to the order of adjudication of the Collector, when once the order is set asi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ischarge the bank guarantee. This is all the more so in this case as the amount was paid and the bank guarantee was furnished consequent on an interim order passed by the Tribunal. The petitioner has made demand for restitution and for discharge of the bank guarantee, but the respondents have not acceded to his request in view of the projected appeal to the Supreme Court. More than five months have elapsed since the order Ext. PI, without the refund being granted or the bank guarantee being cancelled. The respondents are therefore liable to be compelled by the issue of a writ of mandamus to perform their constitutional duty and to make restitution of the amount paid and to discharge the bank guarantee. The respondents are no doubt contendin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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