TMI Blog2017 (4) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... , since the dawn of commercial engagement, the doctrine of caveat emptor must stand to handicap a buyer in transactions if chaos and mayhem are not to prevail. That uniformity and consistency can be consummated only with a resolution that brooks no contrarian view. A larger bench alone can settle the issue - matter referred to larger bench. - C/591 to 594/2004 - M/86271-86274/17/CB - Dated:- 8-3-2017 - Shri M V Ravindran, Member (Judicial) And Shri C J Mathew, Member (Technical) Shri D B Shroff, Sr. Advocate, for the appellants Shri M K Sarangi, Jt. Commissioner (AR), for the respondent Per: C J Mathew: The primary issue for determination in this appeal filed by M/s Apar Industries Limited, and three of its employ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant-importer claims asserts that the licence was invalidated only after the import and hence not liable to be held to their detriment on a later date. Learned Counsel for appellants argued in similar vein and cited the decisions in Alpha Chemie Sapthagiri v. Commissioner of Customs, Mumbai [2016-TIOL-2504-CESTAT-MUM], Pee Jay International v. Commissioner of Customs [2016-TIOL-2136-HC-P H-CUS], Taparia Overseas (P) Ltd v. Union of India [2003 (2) Mh.LJ 532] and Jimit Diamonds v. Commissioner of Customs (II), Mumbai [Order no. A/93729-93734/16/CB date 8 th November 2016]. 4. Learned Authorized Representative was at pains to point out the specific findings in the impugned order such as lower than prevalent premium paid for procuremen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al instruments. This was sought to be distinguished by Learned Authorized Representative who pointed out that an import licence, relevant merely to a policy of quantitative restrictions, cannot stand on the same footing as an instrument that deprives the public exchequer of legislatively sanctioned source of revenue. We cannot but note that the lack of diligent support from both sides of the bar has led to decisions supra of ours that are not conformity with earlier decisions of the Tribunal with alternate conclusions. 6. We also take note that the aspect of duty liability stands settled by the seal of approval stamped on the decision of the Tribunal in Friends Trading Co by the Hon'ble High Court of Punjab Haryana and the Ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocument which is non-existent and fraudulent and a document which has not been genuinely obtained by complying with the requisite conditions. 9. We are unable to accept the submission. Finding recorded by the Tribunal, reproduced above, shows that action of the petitioner was not bona fide. In any case, the proviso is not limited to action of an importer who comes forward to take advantage on the basis of fraudulently obtained or forged DEPB, it also covers action of the predecessor of the importer. Importer who steps into the shoes of seller of forged document does not stand on better footing and cannot be allowed to retain benefit illegally obtained. Taint attaching to the document on the basis of which benefit is taken is not washed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ympathies, as human beings, may lie with an innocent party in a business transaction of sale and purchase; but even conscious that, since the dawn of commercial engagement, the doctrine of caveat emptor must stand to handicap a buyer in transactions if chaos and mayhem are not to prevail. That uniformity and consistency can be consummated only with a resolution that brooks no contrarian view A larger bench alone can settle the issue. 9. The issue to be determined by the Larger Bench is 'whether a scrip, entitling imports without payment of duty, if found to be of sinister provenance, though acquired in the normal course of trade should be held against the importer for imposition of penalty. 10. Accordingly, we direct the R ..... X X X X Extracts X X X X X X X X Extracts X X X X
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