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TMI Blog2017 (4) TMI 1230X X X X Extracts X X X X X X X X Extracts X X X X ..... chandrabaabu, J. For the Petitioner : Yogesh Kannadasan For the Respondent : A. P. Srinivas ORDER This writ petition is filed challenging the order in original dated 20.01.2017, wherein and whereby, the petitioner was called upon to pay the service tax of Rs. 3,24,37,563/- and equal amount of penalty as well as other sums as referred to, in the impugned order. 2. Though the learned counsel ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tled that in cases involving fiscal nature, availing of statutory appellate remedy has to be first exhausted and the party cannot come directly to this court and file a petition under Article 226 of the Constitution of India. At this juncture, it is useful to refer to the following decisions:- 1) M/s.Nivaram Pharma Private Limited, rep. By its Director Sardarmal M.Chordia, Madras -vs- The Custom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Court exercising discretionary jurisdiction under Article 226 of the Constitution of India, is not inclined to entertain this writ petition only on the reason of availability of alternative remedy. 4. Accordingly, this writ petition is dismissed with liberty to the petitioner to approach the Appellate Tribunal and file the statutory appeal. No costs. Consequently, connected miscellaneous petit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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