Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
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Maintainability of Writ Petition since GST Appellate Tribunal not constituted - Order Appealable u/s 112 of the CGST/OGST Act, 2017 - Statutory benefit of stay - Ultimately, the court grants relief to the petitioner, ensuring that they are not deprived of their statutory right to appeal. The court orders that the petitioner must be extended the benefit of stay on recovery proceedings, subject to certain conditions. However, the court also emphasizes that this relief is not open-ended, and the petitioner must file their appeal once the Appellate Tribunal is constituted and functional.
Maintainability of Writ Petition since GST Appellate Tribunal not constituted - Order Appealable u/s 112 of the CGST/OGST Act, 2017 - Statutory benefit of stay - Ultimately, the court grants relief to the petitioner, ensuring that they are not deprived of their statutory right to appeal. The court orders that the petitioner must be extended the benefit of stay on recovery proceedings, subject to certain conditions. However, the court also emphasizes that this relief is not open-ended, and the petitioner must file their appeal once the Appellate Tribunal is constituted and functional.
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