Ms New Era Electricals through Its Proprietor Shaikh Mohammad Raees Shaikh Ibrahim v. the Assistant Commissioner Appeals Central Indirect Taxes and Customs and Another
Case brief
What is this about?
Service tax demand of Rs.37,88,468/- confirmed under Section 73(1) of the Finance Act, 1994 by Assistant Commissioner (Appeal), order dated 22/11/2023; writ petition before Bombay High Court, Aurangabad Bench, on ground of violation of natural justice; declined entertainment in view of statutory appellate remedy (alternative remedy); petition disposed of with liberty to appeal; time spent in writ proceedings to be considered by appellate authority.
What did the court decide?
Liberty to the petitioner to resort to the statutory appellate remedy, with a direction that the time spent prosecuting the writ petition shall be considered by the appellate authority. ¶23