Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return filing...
Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
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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.
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