Customs seizure safeguards prevent detention-based limitation avoidance and invalidate provisional release conditions for imported vehicles under an i...
Preliminary reassessment proceedings generally require statutory remedies unless jurisdiction is wholly absent or mandatory conditions are patently br...
Agricultural land classification requires cumulative factual indicators, while industrial-purpose land and absent agricultural use defeat reinvestment...
Where a statutory rectification remedy is available against an order disallowing input tax credit, the writ court will not examine whether the claim falls within the retrospectively extended cases at that stage. The Court held that the issue should first be considered by the competent authority in rectification proceedings, particularly where paragraph 3.5 provides such a remedy after an order under section 73 and no appeal has been filed. The writ petition was disposed of without deciding the merits, and the petitioner was given liberty to file a rectification application, which the authority must hear and decide in accordance with law.
Where a statutory rectification remedy is available against an order disallowing input tax credit, the writ court will not examine whether the claim falls within the retrospectively extended cases at that stage. The Court held that the issue should first be considered by the competent authority in rectification proceedings, particularly where paragraph 3.5 provides such a remedy after an order under section 73 and no appeal has been filed. The writ petition was disposed of without deciding the merits, and the petitioner was given liberty to file a rectification application, which the authority must hear and decide in accordance with law.
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