Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
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The HC held that the writ petition was not maintainable due to the availability of an alternative remedy under Section 107 of the Act of 2017. The petitioners' grievance, despite alleged violation of natural justice by the CGST authority for non-supply of relevant documents, must be addressed through the statutory appeal mechanism. The court emphasized that it will not entertain a writ petition when an efficacious and speedy remedy exists under the statute. The time elapsed from filing the writ petition to disposal shall be excluded for the purpose of condoning any delay in filing the appeal before the Appellate Authority. The petition was accordingly disposed of, reinforcing the principle that extraordinary jurisdiction under Article 226 should not override specific appeal provisions.
The HC held that the writ petition was not maintainable due to the availability of an alternative remedy under Section 107 of the Act of 2017. The petitioners' grievance, despite alleged violation of natural justice by the CGST authority for non-supply of relevant documents, must be addressed through the statutory appeal mechanism. The court emphasized that it will not entertain a writ petition when an efficacious and speedy remedy exists under the statute. The time elapsed from filing the writ petition to disposal shall be excluded for the purpose of condoning any delay in filing the appeal before the Appellate Authority. The petition was accordingly disposed of, reinforcing the principle that extraordinary jurisdiction under Article 226 should not override specific appeal provisions.
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