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2013 (9) TMI 30 - AT - CustomsAssesses obtained DEPB scrip fraudulently on the basis of forged/fake export documents Duty demand – penalty u/s 112(a) – Held that:- if the DEPB scrip had been validly issued by the DGFT, but being obtained by fraud/mis-declaration on the part of the exporter - subsequently cancelled - duty can not be recovered from the transferee if before the cancellation of the DEPB scrips duty free imports had been made by the transferee and there was no evidence showing that the transferee had not acted bona fide or was aware of the fraud committed by the original holder of the DEPB scrip – following the judgement of Commissioner of Customs, Amritsar Vs Patiala Castings Pvt. Ltd.(2012 (11) TMI 266 - CESTAT, NEW DELHI) wherein the decision of Friends Trading Co. Vs UOI (2008 (10) TMI 344 - PUNJAB & HARYANA HIGH COURT) was considered. Waiver of pre deposit of duty – pre deposit of duty and penalty along with interest waived – stay granted.
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