Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
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Availability of an efficacious statutory GST appeal ordinarily limits writ jurisdiction, except where fundamental rights, natural justice, jurisdictional error or vires are genuinely implicated. A noticee that participated, filed replies and documents, and received personal hearings cannot claim that natural justice required the adjudicating authority to seek further material. Allegations that replies or evidence were inadequately considered, and challenges to the sufficiency of material or adjudicatory conclusions, concern merits for the appellate mechanism. The writ petition was dismissed because no recognised exception to exhausting the statutory remedy was established, while writ-pendency time was excluded for considering appeal limitation, subject to independent appellate determination.
Availability of an efficacious statutory GST appeal ordinarily limits writ jurisdiction, except where fundamental rights, natural justice, jurisdictional error or vires are genuinely implicated. A noticee that participated, filed replies and documents, and received personal hearings cannot claim that natural justice required the adjudicating authority to seek further material. Allegations that replies or evidence were inadequately considered, and challenges to the sufficiency of material or adjudicatory conclusions, concern merits for the appellate mechanism. The writ petition was dismissed because no recognised exception to exhausting the statutory remedy was established, while writ-pendency time was excluded for considering appeal limitation, subject to independent appellate determination.
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