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2017 (8) TMI 601 - HC - Service TaxAlternative remedy of appeal - principles of Natural Justice - Held that: - The general principles of law to be followed while entertaining a writ petition, when an alternative remedy is available, as per the decision of the Hon'ble Apex Court in U.P.State Spinning Co. Ltd. Vs. R.S.Pandey and Another [2005 (9) TMI 634 - SUPREME COURT OF INDIA]. Violation of principles of natural justice can be urged before the appellate authority. If the original authority has taken note of some other provision, not stated in the SCN, the same also can be urged before the appellate forum. Writ petitioner can always raise, tenable grounds before the appellate authority, and as rightly observed by the writ Court that, if any appeal is preferred, the concerned appellate forum has to look into the substance of the reasoning and then to decide as to whether the order impugned, in the writ petition, has to be sustained or not. Petition dismissed - decided against petitioner.
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