Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the writ petition was maintainable in view of the availability of an alternative statutory remedy when the controversy turned on disputed questions of fact and the petitioner alleged denial of hearing and administrative influence in the assessment.
Analysis: The relief sought required determination of several factual issues, including the true nature of the import transaction, the status of the agents, the genuineness of supporting documents, and whether any superior authority had influenced the assessing officer. Those questions could not be resolved on the writ record, particularly when the relevant primary documents were not produced. The Court reiterated that writ jurisdiction is ordinarily not exercised where serious disputed questions of fact arise and an efficacious appellate remedy is available. The plea of violation of natural justice was not substantiated by cogent material, and the apprehension that the appellate authority would be biased was also unsupported by evidence.
Conclusion: The writ petition was not maintainable and the petitioner was relegated to the statutory appeal remedy.