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2015 (12) TMI 852 - CESTAT NEW DELHIRelease of bank guarantee - Unconditional stay already granted - Held that:- The fact of submission made by the advocate as regards the bank guarantee, already stands considered by us while passing the Misc. order and it stands observed that 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 same alive till the final disposal by the Apex Court also does not support the Revenues’ case, inasmuch as it is the stay order of the Tribunal which would prevail and not an undertaking given by the assessee. - Appeal disposed of.
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