https://www.taxtmi.com/caselaws?id=325820 A writ claim for reimbursement of service tax arising from a subcontract was held unsuitable for Article 226 jurisdiction because no express contractual term required reimbursement and the dispute was essentially contractual and monetary. The respondent company had also been declared a sick industrial company, so proceedings against it attracted the protection of Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985, and no averment showed prior leave had been obtained. On that basis, the matter was not fit for writ adjudication and the proper remedy was a civil suit. en-us Fri, 18 Mar 2016 00:00:00 +0530 Wed, 21 Sep 2016 17:21:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=325820 A writ claim for reimbursement of service tax arising from a subcontract was held unsuitable for Article 226 jurisdiction because no express contractual term required reimbursement and the dispute was essentially contractual and monetary. The respondent company had also been declared a sick industrial company, so proceedings against it attracted the protection of Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985, and no averment showed prior leave had been obtained. On that basis, the matter was not fit for writ adjudication and the proper remedy was a civil suit. Case-Laws Service Tax Fri, 18 Mar 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=325820