Condonation of delay permits statutory appeal restoration where inadequate service explanation prevented consideration of reassessment and taxable-inc...
Limitation in customs appeals permits exclusion for bona fide refund proceedings, enabling restoration of Bill of Entry assessment challenges on merit...
Warehousing permission requires deposit at the designated bonded warehouse; unauthorised diversion triggers confiscation, redemption fine and importer...
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The HC dismissed the appeal, holding the writ petition challenging the assessment order and subsequent suo motu rectification (with imposition of penalty) to be not maintainable because an efficacious statutory remedy exists under s.107 of the GST Act. Although the writ court noted defects in rectification proceedings concerning natural justice, the HC found that all legal and factual grievances arising from the assessment and rectification can be effectively ventilated before the appellate authority under s.107. The appellant was granted liberty to pursue the statutory appeal; consequently the writ relief was refused and the Single Judge's dismissal affirmed, with no interference in the impugned orders.
The HC dismissed the appeal, holding the writ petition challenging the assessment order and subsequent suo motu rectification (with imposition of penalty) to be not maintainable because an efficacious statutory remedy exists under s.107 of the GST Act. Although the writ court noted defects in rectification proceedings concerning natural justice, the HC found that all legal and factual grievances arising from the assessment and rectification can be effectively ventilated before the appellate authority under s.107. The appellant was granted liberty to pursue the statutory appeal; consequently the writ relief was refused and the Single Judge's dismissal affirmed, with no interference in the impugned orders.
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