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2003 (11) TMI 74 - SC - Central ExciseRefund of pre-deposit when appeal to Supreme Court - whether pending disposal of the appeals in this Court, the amount remitted as pre-deposit, pending disposal of the appeal before the Tribunal, has to be ordered to be refunded, as has been done by the Tribunal even when the appeals against the final orders made by the Tribunal are pending in Supreme Court - Held that:- in modification of the order of the Tribunal below, we direct the refund of Rupees One Crore paid by the manufacturer-assessee as pre-deposit, subject to the condition that the assessee shall furnish a bank guarantee for the said sum from a nationalised bank and keep it alive and in full force till the main appeals in this Court themselves are finally disposed of, to ultimately abide by the result of the appeals. It is made clear that the sum to be so refunded will be only Rupees One Crore and not any interest thereon, as directed by the Tribunal - Decided against Revenue.
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