AAR cannot reject an application on ground that subsidiary company's appeal is pending in CESTAT - HC
IN GSPL India Transco () case, the Authority for Advance Ruling rejected an application on the ground that an appeal on an identical issue of a subsidiary company was pending before CESTAT. This was challenged in the Gujarat High Court and the High Court in a decision last week quashed this order and directed the AAR to decide the issue.
Can a High Court quash an order passed by the AAR which is headed by a retired judge of the Supreme Court? This issue had already been decided by the Supreme Court in Columbia Sportswear Company v. Director of Income Tax, Bangalore, - 2012-TII-04-SC-LB-INTL.
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