SICA repeal and abatement of rehabilitation proceedings barred further control over company assets; illegal share allotments and sales were struck dow...
Existence of an efficacious statutory appeal under the CGST Act justified refusal of writ jurisdiction against GST adjudication orders passed by municipal bodies. The Court found that the challenge was not a case of lack of jurisdiction, because the alleged GST immunity depended on examination of the underlying transactions and the adjudicating authority had already undertaken that factual exercise. As no exceptional circumstance, including a vires challenge, was shown, the petitioners were relegated to the appellate remedy. Appeals filed within the time granted and with statutory compliances were to be heard on merits without objection on limitation, and all substantive contentions were left open.
Existence of an efficacious statutory appeal under the CGST Act justified refusal of writ jurisdiction against GST adjudication orders passed by municipal bodies. The Court found that the challenge was not a case of lack of jurisdiction, because the alleged GST immunity depended on examination of the underlying transactions and the adjudicating authority had already undertaken that factual exercise. As no exceptional circumstance, including a vires challenge, was shown, the petitioners were relegated to the appellate remedy. Appeals filed within the time granted and with statutory compliances were to be heard on merits without objection on limitation, and all substantive contentions were left open.
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