Writ jurisdiction and alternative remedy in GST disputes: factual issues and no natural justice breach sent parties to appeal
Case-Laws
GST
A writ challenge to GST adjudication was not maintainable where the dispute turned on contested factual issues better suited to the appellate forum. The court reiterated that alternative remedy is not an absolute bar, but writ interference is limited to recognised exceptions such as lack of jurisdiction, breach of natural justice, violation of fundamental rights, or challenge to vires. Here, the claim that the assessee rendered only limited facilitative services raised factual questions, and the record showed that a personal hearing was granted and the defence considered. The petition was therefore disposed of, with liberty to file the statutory appeal and the writ period to be counted for limitation.
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