Petition maintainable but not entertainable due to availability ...

Statutory remedy of appeal takes precedence over writ petition, court exercises discretion.

Case Laws GST

October 17, 2024

Petition maintainable but not entertainable due to availability of statutory remedy of appeal. Supreme Court held that merely because petition is maintainable, court not obligated to entertain it. Discretion lies with court. If petitioner failed to raise objections before authority, can do so in appeal memo before appellate authority. Petitioner unable to show palpable injustice if relegated to appeal remedy. In view of Supreme Court judgments, not required to entertain writ petition when statutory appeal remedy available. Petitioner can avail appeal remedy, time consumed in writ proceedings excluded for limitation purposes. Appellate authority directed to entertain appeal if filed physically. Writ petition disposed of.

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Petition maintainable but not entertainable due to availability ...

Statutory remedy of appeal takes precedence over writ petition, court exercises discretion.

Case Laws GST

October 17, 2024

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