2009 (3) TMI 838 - AT - Customs

Summary

The Appellate Tribunal CESTAT, Bangalore, consisting of S/Shri T.K. Jayaraman and M.V. Ravindran, heard a case where the applicants used DEPB Scrips to clear goods, but these were found to be forged. The Revenue demanded duty, interest, and penalties totaling over Rs. 2 crores. The applicants argued they were not part of the fraud and that the demand was time-barred. Citing relevant case law, the applicants claimed that duty and penalties could not be imposed if they were not involved in the fraud. The Tribunal found no evidence implicating the applicants in the fraud and granted a full waiver of the demanded amounts, ordering Revenue not to take coercive certainties until the appeals were decided. The stay order would continue even after 180 days. The judgement was pronounced and dictated in open court.