No doubt, the Court does not act as a court of appeal against ...

High Court can intervene under Article 226 if customs orders impose undue burdens and no other remedies exist.

September 25, 2013

Case Laws Customs HC

No doubt, the Court does not act as a court of appeal against the decision of customs authorities but when no remedy was available to the petitioner against an order imposing highly onerous conditions passed by the authorities and circumstances were peculiar, this Court will not hesitate to interfere by entertaining a petition under Article 226 of the Constitution of India - HC

View Source

← Previous Next →

No doubt, the Court does not act as a court of appeal against ...

High Court can intervene under Article 226 if customs orders impose undue burdens and no other remedies exist.

September 25, 2013

Case Laws Customs HC

You may also like:

Petitioner challenged SCN alleging conspiracy to issue fake invoices without actual supply using another entity's GST registration for tax evasion. HC held petitioner...

Writ appeal against writ petition entertained by the Ld. Single Judge - private parties - mismanagement and oppression of majority shareholders - Material on record...

The High Court considered the maintainability of a writ petition challenging an assessment order under the Tax Legislation. The court held that generally, when a...

HC dismissed appeal. Refusal justified to entertain writ petitions due to alternative statutory remedy u/s 107 of Tamil Nadu GST Act against order determining tax...

The court examined the invocation of the extraordinary remedy under Article 226 of the Constitution of India concerning the seizure of goods and the adjudication order....

Impugned orders cancelling GST registration set aside due to non-application of mind, lack of reasons, violation of natural justice principles. Time limitation bars...

Maintainability of writ petition - alternate remedy of appeal - The Hon’ble Supreme Court held that the High Court ought not to have entertained the writ petition under...

Maintainability of writ petition - availability of alternative remedy of appeal - In a tax matter when a statutory remedy of appeal is available, the High Court ought...

SC addressed maintainability of writ petitions under Article 226 against MSEFC orders under MSMED Act 2006. The Court determined that while MSMED Act establishes...

Validity of Reassessment proceedings initiated u/s 17 of the Wealth Tax Act, 1957 - As regards the plea of alternative remedy, this court is of the opinion that when the...

Judicial orders of civil court are not amenable to writ jurisdiction under Article 226 of the Constitution; - Jurisdiction under Article 227 is distinct from...

The HC held that the reassessment order was a detailed one based on appreciation of documents and rival submissions, not a cryptic order. As an effective alternative...

Validity of order u/s 264 - against an order made u/s 264, no further statutory appellate remedy is available to the aggrieved party. Therefore, it leads to an...

The HC held that while writ petitions under Article 226 are ordinarily not maintainable if statutory remedy is available, exceptions exist for violation of natural...

Extension of time limits for filing annual returns under GST Acts was valid. Show Cause Notice issued within extended time limit u/s 73(9) of CGST/AGST Act for FY...

Quick Updates: