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2011 (2) TMI 382 - HC - CustomsDemand - cancellation of such License/DEPB Scrip - willful misstatement or suppression of facts - It availed exemption from payment of Customs Duty under notification dated 7-4-1997 under Section 25 of the Customs Act, 1962 against DEPB Scrip dated 14-11-2000 - With reference to proposed questions of law A to E, it was submitted that benefit taken on the basis of fabricated document, which is cancelled subsequently, could not be withdrawn since benefit was taken prior to the date of such cancellation - Tribunal, reproduced above, shows that action of the petitioner was not bona fide - Even if case of criminal liability or penality may stand on different footing, purchaser or successor of fraudulently obtained DEPB stands in the same position as his predecessor. If the extended period of limitation could be invoked against the original holder of fraudulent or forged DEPB, the same could be invoked against successor or purchaser - Appeal is dismissed
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