Alternative statutory remedy under GST bars writ challenge where classification, notice variance, and hearing disputes require factual appellate revie...
Duplicate PAN cancellation timeframe requires prior administrative representation before judicial intervention, ensuring a time-bound decision on the ...
Natural justice and pre-CIRP labour awards protect termination compensation, permitting withdrawal of court deposits despite later insolvency resoluti...
Arbitration of SEZ sub-lease monetary claims preserves rent, maintenance, termination, improvements and damages disputes while unused premises are vac...
Scientific research approval grants a research association tax recognition, subject to annual donor reporting, certification, and regulatory complianc...
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The HC held that the adjudicating authority's cancellation of the petitioner's GST registration violated principles of natural justice because no show-cause notice or detailed reasons were furnished, rendering the impugned order cryptic and unsustainable. The court further determined that under section 107(11) the appellate authority lacks power to remit the matter back to the adjudicating authority for a "second inning"; having concluded the original order could not be sustained, the appellate remand was unjustified. Accordingly, the HC set aside the portion of the impugned appellate order remanding the matter to the Assistant/Deputy Commissioner and quashed the subsequent order; petition allowed in favor of the petitioner.
The HC held that the adjudicating authority's cancellation of the petitioner's GST registration violated principles of natural justice because no show-cause notice or detailed reasons were furnished, rendering the impugned order cryptic and unsustainable. The court further determined that under section 107(11) the appellate authority lacks power to remit the matter back to the adjudicating authority for a "second inning"; having concluded the original order could not be sustained, the appellate remand was unjustified. Accordingly, the HC set aside the portion of the impugned appellate order remanding the matter to the Assistant/Deputy Commissioner and quashed the subsequent order; petition allowed in favor of the petitioner.
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