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

..... . 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 centre set up at the border under the provisions of the Act on the ground that the documents .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... gment 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 refunded within one month of the order failing which the dealer was entitled to interest at .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 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 receipt of the copy of this court's order. In the present case, the amount has alread .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X