SAINATH CLEARING AND SHIPPING COMPANY v. UNION OF INDIA & ORS. – BOMBAY HIGH COURT
High Court, Bombay
M.S. Sonak, Justice & Jitendra Jain, Justice
SAINATH CLEARING AND SHIPPING COMPANY
v.
UNION OF INDIA & ORS.
WRIT PETITION No. 341 of 2025 dated 15.07.2025
Law : GST
Act Name : Central Goods & Services Tax Act, 2017
Decision : In favour of revenue
Maintainability of writ petition – Non-exhaustion of alternate remedy- Writ petition neither disclosed nor explained failure to exhaust alternate remedy – Petitioner argued orders without jurisdiction and notice barred by limitation – Court noted such issues are factual in nature and are better suited for adjudication by appellate authority – Petitioner to bypass statutory requirement of pre-deposit of 7.5% for filing appeal – Relying on Oberoi Constructions Ltd. (2024) court held alternate remedy available and no exceptional circumstances existed to bypass same – Held: Writ Petition dismissed – Petitioner to file appeal within 8 weeks – No waiver of statutory pre-deposit.
Represented By:
Counsel for the Petitioner: R. K. Tomar, with Gaurav S. Sarfare
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