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february 2023

Supreme Court of India · 2023-02-01

M/S. Godrej Sara Lee Ltd. vs The Excise And Taxation Officer Cum ...

Court
Supreme Court of India
Petitioner
M/S. Godrej Sara Lee Ltd.
Respondent
The Excise And Taxation Officer Cum ...
Author
Dipankar Datta
Bench
Dipankar Datta, S. Ravindra Bhat

Judgment text excerpt

The Supreme Court examined whether the High Court was justified in dismissing a civil writ petition on the ground of availability of an alternative remedy under section 33 of the Haryana VAT Act, 2003, without considering the merits of the case. The Court analyzed the principles governing the exhaustion of alternative remedies and the circumstances under which interference by the High Court is warranted. The Court emphasized that the High Court should have examined the merits before relegating the matter to an appeal, especially if the issue involved jurisdiction or constitutional questions. The Supreme Court ultimately remitted the case for a detailed hearing on the merits, emphasizing the importance of judicial review in tax matters.

M/S. Godrej Sara Lee Ltd. vs The Excise And Taxation Officer Cum ... · Niyam