Writ relief against show cause notices is available where jurisdiction is absent and concluded advance rulings cannot be reopened without fresh fraud ...
Territorial jurisdiction for Article 226 writs was held to arise where the competent Regional Authority sits, since the Customs officer performed only a ministerial forwarding function; consequence: the High Court entertained writ petitions challenging denial of Merchandise Exports from India Scheme benefits caused by a clerical/electronic EDI error. The Regional Authority at Jaipur was identified as the competent adjudicatory authority and directed to accept resubmitted online applications converting the option from N to Y and to process claims on merits, reflecting the principle that entitlement should not be defeated by ministerial or technical default.
Territorial jurisdiction for Article 226 writs was held to arise where the competent Regional Authority sits, since the Customs officer performed only a ministerial forwarding function; consequence: the High Court entertained writ petitions challenging denial of Merchandise Exports from India Scheme benefits caused by a clerical/electronic EDI error. The Regional Authority at Jaipur was identified as the competent adjudicatory authority and directed to accept resubmitted online applications converting the option from N to Y and to process claims on merits, reflecting the principle that entitlement should not be defeated by ministerial or technical default.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
