Petition maintainability hinges on alternative remedy ...

Writ petition maintainability depends on statutory redressal mechanism availability, not purely legal issues. High Court discretion upheld.

August 12, 2024

Case Laws GST HC

Petition maintainability hinges on alternative remedy availability. Excess tax refund due to ignorance and legal ambiguity. Supreme Court ruled that purely legal controversies without factual disputes should be decided by High Court, not dismissed for alternative remedy availability. However, where statute provides grievance redressal mechanism, writ petition should not be entertained. Appellant company did not dispute authority's jurisdiction or lack of CGST Act's redressal mechanism. High Court's discretion in refusing writ petitions due to efficacious alternate remedy was upheld, dismissing appeals.

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Petition maintainability hinges on alternative remedy ...

Writ petition maintainability depends on statutory redressal mechanism availability, not purely legal issues. High Court discretion upheld.

August 12, 2024

Case Laws GST HC

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