Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Advance-ruling mechanism governs pending GST classification, exemption and taxability disputes, limiting writ review once the specialised forum functi...
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The court held that the parameters for entertaining the writ petition were not satisfied, and the petitioners had an adequate, alternative, and efficacious remedy available u/s 107 of the Assam GST Act, 2017. The court was not inclined to entertain the writ petition challenging the impugned order dated 12.08.2024, as an alternative remedy was available. However, the petitioners were at liberty to file an appeal u/s 107 of the AGST Act, 2017. Regarding the pre-deposit of 10% of the tax amount required u/s 107(6)(b) for filing an appeal, the court directed the Appellate Authority to permit the filing and entertaining of the appeal(s) without any pre-deposit, subject to the frozen accounts mentioned in the Show Cause Notice dated 09.04.2024 having deposits equivalent or more than the required amount. The petition was disposed of accordingly.
The court held that the parameters for entertaining the writ petition were not satisfied, and the petitioners had an adequate, alternative, and efficacious remedy available u/s 107 of the Assam GST Act, 2017. The court was not inclined to entertain the writ petition challenging the impugned order dated 12.08.2024, as an alternative remedy was available. However, the petitioners were at liberty to file an appeal u/s 107 of the AGST Act, 2017. Regarding the pre-deposit of 10% of the tax amount required u/s 107(6)(b) for filing an appeal, the court directed the Appellate Authority to permit the filing and entertaining of the appeal(s) without any pre-deposit, subject to the frozen accounts mentioned in the Show Cause Notice dated 09.04.2024 having deposits equivalent or more than the required amount. The petition was disposed of accordingly.
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