<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1998 (11) TMI 532 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=104558</link>
    <description>A writ petition may be declined where an equally efficacious alternate remedy exists, but the court should not make merits-based observations when refusing relief on that ground. Such remarks can prejudice the statutory forum and improperly influence the appeal process. Here, the appellate authority rejected the statutory appeal at the threshold because of the High Court&#039;s observations, thereby denying an effective remedy. The Supreme Court held that the merits observations were unsustainable and that the rejection order based on them could not stand. The High Court&#039;s remarks were set aside, the appellate order was quashed, and the appeal was restored for decision independently on its own merits.</description>
    <language>en-us</language>
    <pubDate>Thu, 05 Nov 1998 00:00:00 +0530</pubDate>
    <lastBuildDate>Thu, 09 Oct 2025 19:53:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=141597" rel="self" type="application/rss+xml"/>
    <item>
      <title>1998 (11) TMI 532 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=104558</link>
      <description>A writ petition may be declined where an equally efficacious alternate remedy exists, but the court should not make merits-based observations when refusing relief on that ground. Such remarks can prejudice the statutory forum and improperly influence the appeal process. Here, the appellate authority rejected the statutory appeal at the threshold because of the High Court&#039;s observations, thereby denying an effective remedy. The Supreme Court held that the merits observations were unsustainable and that the rejection order based on them could not stand. The High Court&#039;s remarks were set aside, the appellate order was quashed, and the appeal was restored for decision independently on its own merits.</description>
      <category>Case-Laws</category>
      <law>VAT / Sales Tax</law>
      <pubDate>Thu, 05 Nov 1998 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=104558</guid>
    </item>
  </channel>
</rss>