TMI Blog2010 (2) TMI 639X X X X Extracts X X X X X X X X Extracts X X X X ..... n six months. There is no ambiguity in the order. If the Revenue is aggrieved by the said order, the remedy lies somewhere else. However, the Revenue passed the order contrary to the directions issued by this Court. Hence, the Assistant Commissioner is hereby directed to make the provisional assessment on the basis of the order dated 13-1-2010 passed by this Court and that too, asking the Applican ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -2-2010. An Affidavit-in-Reply is filed on behalf of the Respondent. 3. Heard Mr. Paresh M. Dave, the learned Advocate appearing for the Applicants and Mr. Y.N. Ravani, the learned Standing Counsel appearing for the Excise Department. The order passed by this Court on 13-1-2010 is very clear whereby the Court has directed to provisionally release the goods as well as to make the provisional asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 of Central Excise Rules, 2002 and CBEC Circular No. 686/2/2003-CX dated 2-1-2003. Both these documents require the Applicants to furnish bank guarantee to the extent of 25% of the bond value only. Despite this, the Assistant Commissioner is demanding the bank guarantee of Rs. 74,28,500/- which is 100% of the bond value. 4. Mr. Y.N. Ravani, the learned Standing Counsel for the opponents has su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trary to the directions issued by this Court. Hence, the Assistant Commissioner is hereby directed to make the provisional assessment on the basis of the order dated 13-1-2010 passed by this Court and that too, asking the Applicants to furnish for AB2 bond to the extent of Rs. 74,28.500/- and the bank guarantee of 25% thereof. 6. Only with a view to protect the interest of the Revenue, we accept ..... X X X X Extracts X X X X X X X X Extracts X X X X
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