Jurisdiction - Tax Case - such writ petitions cannot be posted ...

Tax Case Writ Petitions Must Go to Division Benches, Not Single Judges, to Prevent Dual Remedies and Streamline Processes.

July 11, 2016

Case Laws Service Tax HC

Jurisdiction - Tax Case - such writ petitions cannot be posted before Single Judges. They have to be posted only before the Division Benches dealing with tax cases. This will avoid the assessees' attempts to have two remedies before this Court as against an order, against which, even an appeal would normally lie before a Division Bench. - HC

View Source

← Previous Next →

Jurisdiction - Tax Case - such writ petitions cannot be posted ...

Tax Case Writ Petitions Must Go to Division Benches, Not Single Judges, to Prevent Dual Remedies and Streamline Processes.

July 11, 2016

Case Laws Service Tax HC

You may also like:

Criminal proceedings involving allegations of fraudulent activities in an IPO were challenged. The validity hinged on whether a Single Judge or Division Bench should...

Supremacy of decision division bench of a non-jurisdictional High Court and a single judge bench of a non-jurisdictional High Court - judicial hierarchy - Applicability...

Recovery proceedings - withdrawal of appeal by the respondent - In fact, the Division Bench also did not consider the order of the learned Single Judge on merits but has...

The Calcutta High Court addressed the maintainability of a writ petition concerning a contractual dispute in the private law realm involving arrears of rent. The court...

Maintainability of the writ petition in HC - Validity of reassessment order passed - The petitioner raised concerns about procedural irregularities, including the lack...

SC addressed maintainability of writ petitions under Article 226 against MSEFC orders under MSMED Act 2006. The Court determined that while MSMED Act establishes...

Maintainability of writ petition - alternate remedy of appeal - The Hon’ble Supreme Court held that the High Court ought not to have entertained the writ petition under...

Writ petition - alternative remedy - Transfer pricing adjustments - ALP - retrospective effect to section 92CA (2A) - sale of the call centre business - Writ Petition...

Power of HC to entertain writ petition where alternative appellate remedy is available

IT- waiver of penalty – no appellate remedy available – HC accepts writ petition

The High Court considered the maintainability of a writ petition challenging an assessment order under the Tax Legislation. The court held that generally, when a...

Petition maintainability hinges on alternative remedy availability. Excess tax refund due to ignorance and legal ambiguity. Supreme Court ruled that purely legal...

Imposition of GST under the reverse charge mechanism on the mining lease amount paid by the petitioner to the Government (royalty) - The High Court directed the...

Non-compliance with conditions imposed u/s 129(e) of Customs Act, 1962 led to rejection of appeal. The High Court held that writ petitions challenging final order of...

Petition maintainable but not entertainable due to availability of statutory remedy of appeal. Supreme Court held that merely because petition is maintainable, court not...

Quick Updates: