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2017 (10) TMI 1204 - AT - CustomsPenalty u/s 112(a) of the CA, 1962 - DEPB Scrips obtained fraudulently - Held that: - if circumstances establish that there is high degree of probability that a prudent man ought to act on the supposition that there was design to obtain DEPB scrips without any export and such scrips sold for duty free import in contravention of the law or abetting to achieve such ill object, such act against public Revenue calls for penal consequence to curb such mischief. The term fraud within the meaning of these penal provisions is wide enough to take into its fold any one or series of acts committed. Such act or acts when demonstrate to be reasonably proximate to the clearance of imports duty free on the basis of the DEPB scrips fraudulently obtained against false documents filed before DGFT, a trader of such scrips has to face adverse consequence of law - appellant fails to succeed in his appeal having acted malafide causing detriment to the interest of public revenue. Ill will of appellants came to record. Pre-ponderance of probability is in favour of Revenue and lends credence to its case. Appeal dismissed - decided against appellant.
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