Alternative GST remedy permitted protective writ intervention for ex parte adjudication, preserving independent appellate review of input tax credit disputes.

Alternative GST remedy permitted protective writ intervention for ex parte adjudication, preserving independent appellate review of input tax credit disputes.Case-LawsGSTAlternative statutory remedy under GST did not prevent protective writ interventio…

Alternative GST remedy permitted protective writ intervention for ex parte adjudication, preserving independent appellate review of input tax credit disputes.
Case-Laws
GST
Alternative statutory remedy under GST did not prevent protective writ intervention where an ex parte adjudication was linked to partners' medical exigencies and substantial tax, interest and penalty exposure. The input tax credit dispute remained undecided on merits. Recourse to the statutory appeal was permitted subject to payment of the prescribed pre-deposit and imposed costs, with the appellate authority required to entertain the appeal and determine it independently in accordance with law. The writ proceedings therefore preserved access to the appellate remedy without deciding the underlying input tax credit demand.
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