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2016 (1) TMI 417 - HC - CustomsDisposal of SCN without adjudicating on payment of sum by the petitioner - In the Writ petition, a direction is sought to validate the SFIS scrip availed by the petitioners and to refund a sum of ₹ 89,95,627/- as deposited by the petitioners alongwith interest - Held that:- The show cause notice dated 27th March 2008 shows that the Respondents and particularly the Director General of Foreign Trade claims certain amounts. They have closed the file which without any adjudication order or decision but because of the act of the petitioners paying certain sums. To our mind, the continued retention of the sums or whether they were at all payable are matters to be decided in accordance with law and based on the allegations in the show cause notice. The Competent Authority cannot avoid the legal responsibility. We would therefore direct the Competent Authority viz. the Joint Director of Foreign Trade, Ministry of Commerce, Union of India to give a personal hearing to the petitioners on the two show cause notices dated 27th March 2008 and pas a reasoned order thereon as expeditiously as possible and within a period of four months from the date of receipt of copy of this order.
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