TMI Blog2007 (3) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... . C/SO/78/06 in Appeal No. C/125/06 - Final Order No. 207/2007 and S. Order No. 257/2007 - Dated:- 7-3-2007 - [Order per: P.G. Chacko, Member (J)] - This application filed by the Revenue (appellant) is for stay of operation of the impugned order. After hearing both sides and considering their submissions, we are of the view that the appeal itself requires to be finally disposed of at this stage ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duty on the imported goods. After furnishing the discharge certificate, the respondents filed a claim for refund of the above amount but the same was rejected as time-barred under Section 27(1)(b) of the Customs Act by the Dy. Commissioner. Aggrieved, the party preferred appeal to the Commissioner (Appeals) and the latter allowed the refund after holding that the Bank Guarantee amount did not con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f duty. Reliance is also placed on Oswal Agro Mills Ltd. v. Asst. Collector, 1994 (70) E.L.T. 48 (S.C.), wherein it was held that the Bank Guarantee furnished by the assessee under court's order to secure the revenue did not amount to payment of duty. The said decisions of the apex court were followed by the Tribunal in the case of Grasim Industries Ltd. v. Commissioner of Customs, Mumbai, 2005 (1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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