TMI Blog2017 (4) TMI 1230X X X X Extracts X X X X X X X X Extracts X X X X ..... ether the question involved is mixed question of fact and law and it deserves to be gone into by the appellate forum? - Held that: - in those cases that when an alternative remedy is available, more particularly, in the cases of fiscal nature, invoking of the jurisdiction under Article 226 of the Constitution of India, is not permissible - This Court exercising discretionary jurisdiction under Art ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same was passed beyond the period of limitation and also on the ground of want of jurisdiction, this Court is of the view that the facts and circumstances of the present case would indicate that the above points raised certainly require deep appreciation of the facts and circumstances, which in my considered view, can be gone into and decided by the Appellate Forum, since such forum is also a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in (2005) 2 MLJ 246(DB). 2) United Bank of India -vs- Satyawati Tondon and others reported in (2010) 8 SCC 110. 3) Raj Kumar Shivahare -vs- Assistant Director, Directorate of Enforcement and Another reported in (2010) 4 SCC 772. 4) Metal Weld Electrodes -vs- CESTAT, Chennai reported in 2014 (299) ELT 3 DB. 3.It is held in those cases that when an alternative remedy is ava ..... X X X X Extracts X X X X X X X X Extracts X X X X
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