Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

How to file SLP in Apex Court by the department against the order of High Court Patna

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... How to file SLP in Apex Court by the department against the order of High Court Patna
Query (Issue) Started By: - Sudhir Kumar Dated:- 1-10-2020 Last Reply Date:- 5-10-2020 Customs - Exim - SEZ
Got 3 Replies
Customs
Please let me know, If department lost a case in High Court and decide to file an SLP against the court verdict in a particular case. What are the procedure to file the SL .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... P in Apex Court? Reply By YAGAY andSUN: The Reply: Special Leave Petitions in India (SLP) holds a prime place in the Judiciary of India, and has been provided as a "residual power" in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done. Reply By KASTURI SETHI: The Reply: The Chief Commiss .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ioner refers the case to the Board and Board after getting approval from Ministry of Finance issues instructions to the jurisdictional Chief Commissioner/Commissioner to file SLP. MOF may seek consultation from Ministry of Law. There is Law Branch in Chief Commissioner's office which deals with the filing of SLP. The whole procedure is laid down in these circulars:- (Master Circular) M.F. (D .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... .R.) (State Taxes Division) Instruction No. S-29012/12/2017-ST-1-DoR, dated 27-11-2017 as amended vide Circular No. 275/15/2018-CX.8A dated 04-07-2018 : GST - Defence against Writ Petitions/PILs relating to GST - Instruction and 280/05/2018-CX. 8A dated 23-05-2018 : Writ Petitions/PILs related to GST - Suo motu transfer of Authorizations on behalf of Union of India by Authorized Commissioners - In .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... struction. Writ Petitions/PILs relating to GST - Master Instruction M.F. (D.R.) (State Taxes Division) Instruction No. S-29012/12/2017-ST-1-DoR, dated 27-11-2017 Reply By DR.MARIAPPAN GOVINDARAJAN: The Reply: The Law Ministry will give suitable advice and instructions to the Department as to filing special leave petition before the Supreme Court.
Discussion Forum - Knowledge Sharing .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates