2001 (7) TMI 461

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..... for the Respondent. [Order per : J.H. Joglekar, Member (T)]. - The applicants in this case had availed of input stage credit of duty paid on certain pipes. The pipes were removed without reversing the credit. Some pipes were seized and also the truck carrying the pipes. The Additional Commissioner confirmed the duty on the pipes so removed and also imposed penalties. The seized pipes in the me .....

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..... guarantee the Tribunal observed that the prayer was outside the scope of Section 35F of the Central Excise Act, and therefore declined to entertain the request. The present application reposes the same prayer. 2. The ld. Counsel Shri B.N. Gururaj shows us the Supreme Court observations reported in AIR 1969 SC 430 in which the Hon'ble Court has held that the Tribunals have power to grant sta .....

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..... o safeguard their own interest. They had knowingly and willingly filed bond and security. If the bond was proceeded upon the eventuality was well known to the assessees. At this stage they cannot come to the Tribunal and request for directions to the department not to encash the guarantees. 3. As regards the guarantee for the Truck, Shri Gururaj states that the truck did not belong to them b .....

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