The Chhattisgarh High Court considered the maintainability of a ...

Assessment order u/s 73(1) of GST Act is appealable. Alternative remedy available, writ petition dismissed.

Case Laws     GST

May 31, 2024

The Chhattisgarh High Court considered the maintainability of a petition challenging an order issued u/s 73(1) of the GST Act. The court noted that the order was appealable u/s 107 of the GST Act. Referring to the principle of exhaustion of alternative remedy, the court cited the Supreme Court's stance that when statutory remedies are available, writ petitions should not be entertained. The court emphasized that the petitioner had the option to challenge the order through an appeal, and dismissed the writ petition, stating that the petitioner's ability to access their email could be addressed in the appellate process. The court concluded that there were no grounds to entertain the writ petition, hence it was dismissed.

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