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    <title>Court Clarifies Appeal Process Under Finance Act 1994; Writ Petitions Maintainable Despite Alternative Remedies.</title>
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    <description>The High Court considered the maintainability of an appeal against an Order-in-Original and jurisdiction to pass an order in appeal under the Finance Act, 1994. The Court noted that an appeal lies u/s 86 against the Order-in-Appeal. The Court distinguished between &#039;entertainability&#039; and &#039;maintainability&#039; of a writ petition, emphasizing that the existence of an alternative remedy does not bar the maintainability of a writ petition. The Court held that disputed factual issues should be decided by the appropriate authorities and not in a writ petition. The Court found no exceptional circumstances to entertain the writ petition and directed the petitioner to pursue the statutory remedy of appeal u/s 86 of the Finance Act, 1994. The Court recalled the interim order and disposed of the petition.</description>
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    <pubDate>Sat, 29 Jun 2024 08:08:47 +0530</pubDate>
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      <title>Court Clarifies Appeal Process Under Finance Act 1994; Writ Petitions Maintainable Despite Alternative Remedies.</title>
      <link>https://www.taxtmi.com/highlights?id=78945</link>
      <description>The High Court considered the maintainability of an appeal against an Order-in-Original and jurisdiction to pass an order in appeal under the Finance Act, 1994. The Court noted that an appeal lies u/s 86 against the Order-in-Appeal. The Court distinguished between &#039;entertainability&#039; and &#039;maintainability&#039; of a writ petition, emphasizing that the existence of an alternative remedy does not bar the maintainability of a writ petition. The Court held that disputed factual issues should be decided by the appropriate authorities and not in a writ petition. The Court found no exceptional circumstances to entertain the writ petition and directed the petitioner to pursue the statutory remedy of appeal u/s 86 of the Finance Act, 1994. The Court recalled the interim order and disposed of the petition.</description>
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      <pubDate>Sat, 29 Jun 2024 08:08:47 +0530</pubDate>
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