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Issues: Whether the writ petition under Article 226 is maintainable notwithstanding the availability of an efficacious statutory alternative remedy by way of appeal under Section 107 of the Central Goods and Services Tax Act, 2017 read with Rule 109A of the Central Goods and Services Tax Rules, 2017.
Analysis: An effective statutory appellate remedy was available to the petitioner in the form of an appeal under Section 107 of the Central Goods and Services Tax Act, 2017 read with Rule 109A of the Central Goods and Services Tax Rules, 2017. The grievances raised-alleged non-supply of relied upon documents, service and service dates of summons, alleged non-consideration of the petitioner s reply, and alleged reproduction of the show cause notice in the order-in-original-require examination of the adjudicatory record and fall within the scope of the appellate forum. The settled exception to the rule of abstention from exercising writ jurisdiction was not established on the facts presented so as to justify bypassing the statutory appeal remedy.
Conclusion: The writ petition is not maintainable and is dismissed; the decision is in favour of Revenue.