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2012 (6) TMI 344 - CESTAT, NEW DELHI
Demand of duty - Purchase of Duty Exemption Pass Book license from third party - DEPB Scrip was obtained by fraud by third party - DGFT cancelled the DEPB scrip - Appellant contended that DEPB scrip purchased in good faith - Commissioner (Appeals) upheld the duty demanded but set aside fine and penalty – Held that:- once penalty does not stand imposed on the ground that there was no malafide on the part of the appellants, it has to be held that there was no intention to evade payment of duty and the same criteria would apply for the purpose of limitation. - Divergent views by two members