TMI Blog1993 (11) TMI 66X X X X Extracts X X X X X X X X Extracts X X X X ..... ore us and the Excise Department as to whether the goods under dispute were liable under Tariff Item 15(1) or 15(2) of the Central Excises and Salt Act, 1944, as amended. 2. The Supreme Court upheld the submission of the appellant that the appellant is liable to pay excise duty under Item 15(1) and repelled the contention of the Revenue that it was payable under Item 15(2). 3. It a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court directed the authorities to consider the application of the appellants on merits for refund. At the same time, the High Court directed "the petitioners are directed to get the bank guarantees extended till the final disposal of the claim for refund." It is against the afore- said directions of the High Court that the appellants have come to this Court. 5. It may be noticed that so fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of the excise department highly improper. Bank guarantees are furnished to secure interest of the parties till determination of matters pending before the court. No bank guarantees can be encashed till the decision of the court. This Court having once decided the appeal on merits the bank guarantees of their own should expire and lapse. The Revenue authorities had no powers to use their executiv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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