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2014 (7) TMI 919 - ANDHRA PRADESH HIGH COURTRegularizing the credit availed fraudulently by over-valuation of goods exported - fraudulently obtained DEPB Scrips have been utilized by the exporters - Held that:- A perusal of the order of the Tribunal would indicate that the respondent, being aggrieved by the Order-in-Original No.22 / 2008-Adjn-Cus, dated 29.12.2008 imposing penalty of ₹ 10.00 lakhs under Section 114 of the Customs Act, filed the appeal before the Tribunal. The Tribunal had found that the company, in which the respondent is a Director, itself had not violated any of the provisions of the Customs Act and in particular had not misutilized the DEPB scrips and thereby exonerated itself from the levy. Inasmuch as the company itself was exonerated the penalty imposed on the respondent was also set aside. The substantial questions of law said to have been arising from the orders of the Tribunal only relate to the company and no question of law as to why the order of exoneration of penalty passed in favour of the respondent needs to be interfered with, has been raised. In other words, there is no question of law which has been raised before this Court for consideration as arising from the orders of the Tribunal to maintain the appeal under Section 130 of the Customs Act. - Decided against the revenue.
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