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2016 (9) TMI 722 - HC - CustomsCancellation of DEPB issued - withdrawal of benefits availed on the basis of DEPB - demand of customs duty and SAD - confiscation under section 111 of the Customs Act, 1962 - option to pay redemption fine of ₹ 1,00,000/- under section 125 of the Customs Act, 1962 - principle of "buyer be ware" - whether duty can be demanded from an importer who is not a party to fraud committed by an exporter ? - Held that: - similar issue decided in many cases one such being Commissioner of Customs, Amritsar v. Vallabh Design Products [2007 (4) TMI 274 - HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH], where it was held that the importer therein was not a party to the fraud and there was categoric finding that he had purchased DEPB from the open market in bonafide belief of its being genuine. There is a specific finding recorded by the first appellate authority and even by the Tribunal that the appellant was not party to the fraud with the seller of DEPB. DEPB was found to be a genuine document, though obtained by seller by producing some forged documents, to which the appellant was not a party - duty not demanded from the buyer - appeal allowed - decided in favor of appellant.
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