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2010 (10) TMI 163 - AT - CustomsDEPB fraud – Transferee of licence whether entitled to benefit of DEPB scripts fraudulently obtained by transferor – DEPB scrips used by the respondents for discharge of customs duty were fraudulently obtained by the transferors and were transferred to them - no enquiry from JDGFT to ascertain genuineness of the same - Notificational benefit was availed at the cost of public exchequer which was required to be surrendered for the undue gain made - decision in Friends Trading Co. (2008 -TMI - 78930 - PUNJAB & HARYANA HIGH COURT) squarely applies to the present case of demand of duty on goods in respect of which also, exemption has been availed of, on the basis of DEPB scrips obtained against forged documents - DEPB scheme essentially provides for an alternative mechanism to compensate for duty paid on goods used in the export production - When DEPB scrips have been obtained without undertaking exports, the question of granting a duty benefit by the exchequer cannot arise – Why should public revenue suffer on account of a fraud committed by someone else, just because he has successfully transferred the scrip to the appellants after obtaining the same fraudulently? - Duty Liability restored, penalties however set aside
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