TMI Blog2004 (9) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... on the facts and in the circumstances of the case the learned CEGAT having found the appellant not liable for any collusion or fraud in the issue of the DEPB scrips, it would not be liable to customs duty and the interest for alleged non-payment of the said duty though the DEPB licences have been held to be forged ones particularly when the learned CEGAT had failed to note and consider the relevan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any v. Lehru, (2003) 3 SCC 338, Dr. Pal contends that it is just not possible for the appellant to verify the DEPB licences/scrips which is otherwise saleable, negotiable and available in the market and which the appellant had purchased bona fide for valuable consideration and utilized it for availing of the credit against its own import, stands in the same footing as a driving licence of the driv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant. But ultimately it was found that the said DEPB licences/scrips were forged. These facts are not in dispute as we find from the finding of the learned CEGAT. The only question that has been put forward, on the basis of the finding of the facts without challenging the same, is about the effect of absence of collusion on the part of the appellant, as pointed out earlier, in relation to the avail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DEPB licences/scrips becomes absolutely immaterial and irrelevant since no credit can be derived from a forged DEPB. The credit is made available on the strength of a valid DEPB. If the DEPB is forged, then the same is non est and therefore, there is no valid DEPB. As such no credit can be derived thereunder. In such circumstances, one may defend his case that one may not be liable for collusion o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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