Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2006 (11) TMI 590

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... der the provisions of the Punjab General Sales Tax Act, 1948 (for short, "the Act"). Prayer has also been made for a direction to give interest on the bank guarantee illegally encashed in violation of judgment of this court in Jindal Jewellers v. State of Punjab [2004] 138 STC 93. Case of the petitioner is that on August 22, 2003, its goods were intercepted at the information collection .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ugust 5, 2005, which was granted only on March 22, 2006 without interest. This court in judgment dated July 12, 2005 in C.W.P. No. 17062 of 2004, Jai Bharat Trading Co. v. State of Punjab [2006] 147 STC 19 held that if refund is beyond 90 days, interest is liable to be paid. In Jindal Jewellers' case [2004] 138 STC 93 (P&H), this court held that 75 per cent of bank guarantee was liable to be r .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... from the date of its encashment, as was allowed in Jindal Jewellers' case [2004] 138 STC 93 (P&H). We are unable to accept this submission. Judgment in Jindal Jewellers' case [2004] 138 STC 93 (P&H) does not lay down the proposition as is sought to be projected by the petitioner. Interest was directed to be paid in that case in case the amount was not refunded within 30 days of the recei .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates