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Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
Availability of an alternative statutory remedy did not bar writ entertainability where the challenge was confined to the legality of rejection of the statutory appeal on limitation and to computation of limitation under the CGST Act. The High Court reiterated that the doctrine of merger does not apply when a filing is rejected as time-barred without consideration on merits. It further held that time spent in bona fide rectification proceedings could be excluded on Section 14 principles, as the proceeding was pursued with due diligence and good faith, and that an appellant must be given a reasonable opportunity to explain delay before dismissal as time-barred.
Availability of an alternative statutory remedy did not bar writ entertainability where the challenge was confined to the legality of rejection of the statutory appeal on limitation and to computation of limitation under the CGST Act. The High Court reiterated that the doctrine of merger does not apply when a filing is rejected as time-barred without consideration on merits. It further held that time spent in bona fide rectification proceedings could be excluded on Section 14 principles, as the proceeding was pursued with due diligence and good faith, and that an appellant must be given a reasonable opportunity to explain delay before dismissal as time-barred.
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