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2010 (3) TMI 421 - HC - CustomsAlternative remedy- the show cause notice, it was alleged that there were serious fraud played in respect of DEPB licences issued by the DGFT, based on which the appellants had the benefit of concessional duty. Held that- submission relying on number of decisions of High Court, the SCN not maintainable. proceedings emanating therein after adjudication and order of Tribunal. Single judge holding that court cannot be expected to determine serious disputable question of fact merely on averments contained in affidavits and dismissed the petitions directing department to proceed in law and appellant to furnish explanation to SCN. No flaw in conclusion of single judge. Writ appeal not entertainable.
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