Limitation in customs appeals permits exclusion for bona fide refund proceedings, enabling restoration of Bill of Entry assessment challenges on merit...
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HC dismissed the writ petition challenging service tax recovery and penalties, directing petitioner to pursue appellate remedies. The court distinguished the Amadeus India case involving mandatory pre-show cause notice consultation requirements. Unlike Cosmic Dye Chemical where Tribunal's ruling on limitation period was challenged before SC, present case involved factual determinations better suited for appellate authority review. HC declined to exercise extraordinary writ jurisdiction since alternative remedy was available through statutory appeal mechanism. The court emphasized that issues raised required detailed factual appreciation more appropriate for consideration by appellate forums rather than writ proceedings.
HC dismissed the writ petition challenging service tax recovery and penalties, directing petitioner to pursue appellate remedies. The court distinguished the Amadeus India case involving mandatory pre-show cause notice consultation requirements. Unlike Cosmic Dye Chemical where Tribunal's ruling on limitation period was challenged before SC, present case involved factual determinations better suited for appellate authority review. HC declined to exercise extraordinary writ jurisdiction since alternative remedy was available through statutory appeal mechanism. The court emphasized that issues raised required detailed factual appreciation more appropriate for consideration by appellate forums rather than writ proceedings.
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