Liquidator appointment under Section 34 requires consideration of creditor recommendations, valid professional authorisation, and preservation of vali...
Income-tax exemption for specified regulatory fees and government grants applies subject to non-commercial activity and continuing compliance conditio...
Digital accessibility audit and remediation deadlines extended, while all other disability-compliance obligations for regulated entities remain unchan...
The Madhya Pradesh High Court considered the maintainability of a petition regarding the recovery of short paid Central Excise Duty. The court noted that the availability of an alternative remedy does not automatically bar the filing of a writ petition, as it depends on the specific circumstances of each case. Citing a Supreme Court judgment, the court emphasized that the doctrine of alternative remedy is a matter of policy and discretion rather than a strict legal rule. The petitioner was found to have been denied the necessary documents and a fair hearing, leading to a violation of principles of natural justice. As a result, the court set aside the final order of recovery and remanded the matter back to the authority for fresh adjudication, allowing the petition by way of remand.
The Madhya Pradesh High Court considered the maintainability of a petition regarding the recovery of short paid Central Excise Duty. The court noted that the availability of an alternative remedy does not automatically bar the filing of a writ petition, as it depends on the specific circumstances of each case. Citing a Supreme Court judgment, the court emphasized that the doctrine of alternative remedy is a matter of policy and discretion rather than a strict legal rule. The petitioner was found to have been denied the necessary documents and a fair hearing, leading to a violation of principles of natural justice. As a result, the court set aside the final order of recovery and remanded the matter back to the authority for fresh adjudication, allowing the petition by way of remand.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4782
Join Channel
TaxTMI 
