2007 (4) TMI 274 - HC - Customs

EXIM - Transfer of DEPB scrip obtained by fraud/forgery - Held that - in the case of DEPB scrips obtained by fraud and forgery and where the transferee of these scrips are not a party to the fraud and were obtained on payment of full price from the open market on bonafide belief, the transferee is not liable to duty, penalty and interest - decided against Revenue.

Summary

Issues:
Challenge to order under Customs Act regarding Duty Exemption Pass Book (DEPB) cancellation and subsequent benefit availed by the respondent.

Analysis:
1. The revenue challenged the Tribunal's order based on the cancellation of the DEPB issued to a company by the Joint Director General of Foreign Trade. The DEPB scheme allows duty exemption for exports, and the DEPB pass-book is tradable. The respondent purchased a DEPB scrip transferred from another company, which was later found to have been obtained fraudulently.

2. The Commissioner of Customs, Amritsar, held that the respondent had purchased the DEPB in good faith and utilized it for duty exemption. The Commissioner ordered the recovery of duty amount from the respondent but refrained from imposing a penalty. The Tribunal relied on a previous decision and set aside the Commissioner's order, granting relief to the respondent.

3. The revenue contended that once the DEPB was cancelled due to fraud, the basis for seeking duty exemption was nullified. They cited legal precedents emphasizing that fraud taints all actions. The respondent argued that they acted in good faith, purchased the DEPB legitimately, and utilized it before its cancellation.

4. The High Court dismissed the revenue's appeal, noting that the respondent was not involved in the fraud and had purchased the DEPB in good faith. The Court highlighted that the revenue could not issue a notice to the respondent after the six-month period stipulated by the Customs Act had expired. The Court also mentioned similar dismissed appeals in related cases.

5. The judgment affirms that the respondent acted in good faith, was not party to the fraud, and had availed benefits legitimately. The Court emphasized the importance of good faith transactions and upheld the Tribunal's decision to grant relief to the respondent. The appeal challenging the Tribunal's decision was dismissed.