Receipt of immovable property requires actual possession or enjoyment; redevelopment allotments exchanged for tenancy rights fall outside deemed incom...
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The HC held that the petition challenging the Principal Commissioner's refusal to follow the Advance Ruling Authority's decision was not maintainable due to the availability of an alternative statutory remedy. The Court found no violation of natural justice as the petitioner was issued a show cause notice and given an opportunity to be heard. Allegations of non-consideration of relevant material are matters for appeal and do not justify bypassing the prescribed appellate mechanism. Under Sections 129A and 129B of the Customs Act, the Appellate Tribunal possesses broad powers to confirm, modify, annul, or remit orders for fresh adjudication, including the authority to admit additional evidence. Consequently, the statutory remedy is adequate and efficacious, and the petition was dismissed for non-exhaustion of alternate remedies.
The HC held that the petition challenging the Principal Commissioner's refusal to follow the Advance Ruling Authority's decision was not maintainable due to the availability of an alternative statutory remedy. The Court found no violation of natural justice as the petitioner was issued a show cause notice and given an opportunity to be heard. Allegations of non-consideration of relevant material are matters for appeal and do not justify bypassing the prescribed appellate mechanism. Under Sections 129A and 129B of the Customs Act, the Appellate Tribunal possesses broad powers to confirm, modify, annul, or remit orders for fresh adjudication, including the authority to admit additional evidence. Consequently, the statutory remedy is adequate and efficacious, and the petition was dismissed for non-exhaustion of alternate remedies.
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