1996 (12) TMI 369

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....stitution 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 g....

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....he 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 material....

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....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 Petitio....