Customs valuation must use comparable contemporary imports, while confiscation fines and penalties require proportionate recalculation on reassessed v...
Depositor-protection proceedings prevail over corporate insolvency, while liquidators may recover chit receivables using copies of seized company reco...
Intermediary service classification fails where overseas admission facilitation is supplied independently, preserving export treatment and small-provi...
Satellite transponder bandwidth is telecommunication, not Business Support Service; foreign non-telegraph providers triggered no service tax liability...
Commitment proceedings gain extended timelines, structured defect refiling, and automatic resumption of inquiry after the adjusted completion period e...
Centralised assessment transfer becomes unwarranted once the searched person's assessment is complete, requiring restoration to the appropriate charge...
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Validity of order passed u/s 147 r.w.s.144B - availability of alternate statutory remedy - The High Court recognized that the arguments presented could be considered by examining the record. However, the Court refrained from conducting a fishing inquiry into the case under its writ jurisdiction due to factual complexities. - The High Court referred to Supreme Court decisions emphasizing the importance of exhausting statutory remedies before approaching the court under Article 226 of the Constitution. It held that when an alternate remedy is available, judicial prudence dictates refraining from exercising jurisdiction under constitutional provisions. Therefore, the High Court dismissed the writ petition, directing the petitioner to avail themselves of the statutory remedy of appeal.
Validity of order passed u/s 147 r.w.s.144B - availability of alternate statutory remedy - The High Court recognized that the arguments presented could be considered by examining the record. However, the Court refrained from conducting a fishing inquiry into the case under its writ jurisdiction due to factual complexities. - The High Court referred to Supreme Court decisions emphasizing the importance of exhausting statutory remedies before approaching the court under Article 226 of the Constitution. It held that when an alternate remedy is available, judicial prudence dictates refraining from exercising jurisdiction under constitutional provisions. Therefore, the High Court dismissed the writ petition, directing the petitioner to avail themselves of the statutory remedy of appeal.
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