Writ Petition not to be filed when an efficacious alternative remedy of appeal is available

Last updated: 06 January 2023

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The Jharkhand High Court has ruled that a writ petition is not the appropriate legal avenue when an effective alternative remedy, such as an appeal, is available. In this case, the court directed a company to pursue its appeal against an order of detention and penalty related to an expired E-Way bill. The court acknowledged potential technical difficulties in filing appeals and advised the company to file manually if necessary.

Court :
Jharkhand High Court

Brief :
The Hon’ble Jharkhand High Court in M/s Shivam Hi Tech Steels Pvt. Ltd v. State of Jharkhand [W.P.(T) No. 1823 of 2021 dated December 21, 2022] directed the assessee to seek alternative statutory remedy of appeal against the order of demand and detention of vehicle for alleged expiry of E-Way bill, passed by the State Taxes Officer.

Citation :
W.P.(T) No. 1823 of 2021 dated December 21, 2022

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1 Year PLAN

1999

(Excl. of GST ₹359)

2 Years PLAN

3499

(Excl. of GST ₹629)

BEST VALUE

3 Years PLAN

4999

(Excl. of GST ₹899)

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Judgement posted by

Bimal Jain

Service

FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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