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 petitions challenging the assessment orders under the GST enactments were liable to be entertained in view of the availability of statutory appeal.
Analysis: The impugned orders were passed after consideration of the replies to the show cause notices. No procedural irregularity or perversity in the making of the orders was shown. The challenge raised disputed questions of fact, for which the statutory appellate remedy was held to be the appropriate course. The petitioners were permitted to avail appeal on depositing 25% of the disputed tax as pre-deposit within the stipulated period, with the appellate authority directed to decide the appeals on merits and without reference to limitation.
Conclusion: The writ petitions were not entertained and were dismissed, leaving the petitioners to pursue the statutory appeals.
Final Conclusion: The Court declined to exercise writ jurisdiction over the GST orders and directed the petitioners to work out their remedy before the appellate authority.
Ratio Decidendi: Where an effective statutory appeal is available and the challenge turns on disputed facts without demonstrated procedural irregularity or perversity, writ jurisdiction need not be invoked.