2006 (11) TMI 590 - HC - VAT and Sales Tax

Summary

Issues:
1. Direction for payment of interest on the refund granted under the Punjab General Sales Tax Act, 1948.
2. Direction for interest on the bank guarantee illegally encashed.
3. Delay in refund and entitlement to interest.
4. Statutory provisions for refund and interest under section 12 of the Act.

Analysis:
1. The petitioner sought a direction for interest on the refund and the bank guarantee encashed in violation of a previous judgment. Goods were intercepted in 2003, released on bank guarantee, and a penalty imposed later. The Tribunal set aside the penalty due to delay in the order. The petitioner applied for a refund in 2005, granted in 2006 without interest. Previous judgments highlighted entitlement to interest beyond a certain period. The State claimed interest was paid as per statutory requirements, rendering the petition moot.

2. The petitioner argued for interest on the encashed bank guarantee from the date of encashment, citing a previous case. However, the court rejected this claim, stating that the previous judgment did not support the petitioner's proposition. In the previous case, interest was to be paid if the amount was not refunded within 30 days of the court's order, which was not the situation in the present case as the amount had already been refunded.

3. The court referred to the statutory provisions under section 12 of the Act, which provided for refund and interest rates. It was noted that interest was to be paid at different rates if the refund was delayed beyond certain periods. The court considered the delay in the present case and the petitioner's claim for interest, ultimately disposing of the writ petition in accordance with the findings.

In conclusion, the judgment addressed the issues of interest on refunds and bank guarantees under the Punjab General Sales Tax Act, emphasizing statutory provisions and previous case law. The court clarified the entitlement to interest based on specific circumstances and timelines, ultimately deciding on the disposition of the petition.