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TMI Blog1996 (12) TMI 369X X X X Extracts X X X X X X X X Extracts X X X X ..... nstitution for restraining the respondents from encashing the bank guarantee and recovering the penalty imposed under section 14-B(7) of the Punjab General Sales Tax Act, 1948 (for short, "the Act"). 2.. The petitioner-company is registered as a dealer under the Act as well as under the Central Sales Tax Act, 1956 and is engaged in the business of manufacture and sale of leather goods and sports ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner was asked to furnish bank guarantee or the cash security for the release of goods. Penalty of Rs. 2,55,000 was imposed under section 14-B(7) of the Act, vide order dated October 31, 1996. The petitioner-company furnished a bank guarantee for Rs. 2,55,000 on November 5, 1996. Goods were thereafter released on November 13, 1996. 3.. The petitioner-company has alleged that raw materia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the petitioner-company to challenge the order of penalty and thereby its recovery by filing an appeal as provided in the Act. Since an alternative remedy is available against the levy and recovery of penalty, the course adopted by the petitioner by filing this writ petition under article 226 of the Constitution, cannot be allowed. 5.. The petitioner-company had earlier filed Civil Writ Petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s stayed. It shall be open to the petitioner to pursue his remedies provided under the Act against the order passed by the Assessing Authority." 6.. Since this Court has already dismissed the earlier writ petition filed by the petitioner-company on the same cause of action, the present writ petition does not lie. The writ petitioner, through his counsel, has not chosen to make a reference to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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