Case Details: Rikhab Chand Jain vs. Union of India - [2025] 180 taxmann.com 773 (SC)
Judiciary and Counsel Details
- Dipankar Datta & Aravind Kumar, JJ.
-
Ms Chitrangda Rastravara, AOR, Anirudh Singh, Abhijeet Singh, Aishwary Mishra, Dhananjai Shekhawat, Ms Sakshi Aggarwal, Ms Pearl Pundir, Dashrath Singh, Advs. & Yuvraj Singh, Adv, for the Appellant.
-
Raghvendra P. Shankar, A.S.G., Amit Sharma II, Raman Yadav, Advs. & Arvind Kumar Sharma, AOR for the Respondent.
Facts of the Case
The appellant, challenged an order of confiscation and penalty passed by the Customs, Excise and Gold Appellate Tribunal (CEGAT) in respect of alleged smuggled silver. The CEGAT confirmed the confiscation but reduced the penalty from Rs. 50,000 to Rs. 30,000. The appellant approached the High Court under writ jurisdiction, contending illegality of the CEGAT order. The writ petition was dismissed on the ground that the appellant had failed to pursue the alternate appellate remedy available. The matter was accordingly placed before the Supreme Court.
Supreme Court Held
The Supreme Court held that where an equally efficacious remedy exists, invocation of writ jurisdiction is not maintainable. The Court observed that the appellant had a remedy by way of a reference before the High Court against the CEGAT order, which was sufficient and legally adequate. The appellant’s attempt to invoke writ jurisdiction constituted a misadventure and did not justify interference. Consequently, the Supreme Court upheld the High Court’s order, confirming that the writ petition was rightly dismissed.
List of Cases Referred to
- State of Uttar Pradesh v. Md. Nooh AIR 1958 SC 86 (para 7)
- Titaghur Paper Mills v. State of Orissa (1983) 2 SCC 433 (para 7)
- Godrej Sara Lee v. Excise and Taxation Officer-cum-Assessing Authority 2023 SCC OnLine SC 95 (para 7)
- Thansingh Nathmal v. A. Mazid, Superintendent of Taxes AIR 1964 SC 1419 (para 10)
- A. V. Venkateswaran v. Ramchand Sobhraj Wadhwani 1961 taxmann.com 4 (SC) (para 12).
The post Writ Against CEGAT Order Not Maintainable When Alternate Remedy Exists | SC appeared first on Taxmann Blog.
