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Oswal Prints Private Limited Versus Union of India

2016 (7) TMI 873 - GUJARAT HIGH COURT

Maintainability of writ petition - Demand of service tax - seeking permission to cross-examine the witnesses, which was not granted - Held that:- Only on the ground of alternative remedy, this petition is not entertained without expressing any opinio .....

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Per : Honourable Mr. Justice Akil Kureshi ) 1. The petitioner has challenged the order In Original dated 01.01.2016 passed by the Commissioner of Central Excise, Customs and Service Tax. The learned counsel for the petitioner mainly contended that t .....

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rder of the Commissioner, the statutory appeal lies before the Tribunal and further appeal before the High Court on the question of law. 3. In that view of the matter, we would be well advised in not interfering at the intermediary stage and instead .....

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s observed as under : 19. Thus, while it can be said that this Court has recognized some exceptions to the rule of alternative remedy, i.e., where the statutory authority has not acted in accordance with the provisions of the enactment in question, o .....

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nsingh Nathmal's case, Titagarh Paper Mills' case and other similar judgments that the High Court will not entertain a petition under Article 226 of the Constitution if an effective alternative remedy is available to the aggrieved person or t .....

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entertained ignoring the statutory dispensation. 20. In the instant case, the Act provides complete machinery for the assessment/reassessment of tax, imposition of penalty and for obtaining relief in respect of any improper orders passed by the Reven .....

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