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2018 (5) TMI 450 - AT - CustomsPenalty u/s 112(a) of Customs Act, 1962 - bogus and forged DEPB License - Held that: - There is nothing brought out from records that the appellant had indulged in any conscious act while dealing with the DEPB scrips. The department has failed to establish that the appellant had prior knowledge that the DEPB scrips / license were fraud at the time of transfer of such scrips by him to the importer. Further, the immediate reaction of the appellant in reimbursing the money received itself would show that he had no knowledge of the fake nature of the scrips. In fact, we have to say that the appellant has become a victim of the dealings as he did not know about the fake nature of the scrips. The penalties imposed on the appellant cannot sustain - Appeal allowed - decided in favor of appellant.
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