Opportunity to respond to jurisdictional reports is mandatory before customs settlement duty enhancement; connected applications require consistent ad...
Specific customs headings for scaffolding components prevail over general classification, invalidating misclassification proceedings and enabling with...
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...
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The HC held that despite the availability of an alternative statutory remedy, the writ petition under Article 226 was maintainable due to violation of natural justice and non-application of mind in the impugned assessment order. The court found that the order ignored the petitioner's detailed reply and merely reiterated the show cause notice without proper consideration. Consequently, the impugned order and the related detailed order were set aside for being vitiated by procedural infirmities and lack of jurisdictional exercise. The petition was accordingly disposed of, affirming that exceptions to the rule of alternative remedy apply where there is an apparent error on the face of the record or a breach of natural justice.
The HC held that despite the availability of an alternative statutory remedy, the writ petition under Article 226 was maintainable due to violation of natural justice and non-application of mind in the impugned assessment order. The court found that the order ignored the petitioner's detailed reply and merely reiterated the show cause notice without proper consideration. Consequently, the impugned order and the related detailed order were set aside for being vitiated by procedural infirmities and lack of jurisdictional exercise. The petition was accordingly disposed of, affirming that exceptions to the rule of alternative remedy apply where there is an apparent error on the face of the record or a breach of natural justice.
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