9911796707
TMI Blog2012 (12) TMI 262X X X X Extracts X X X X X X X X Extracts X X X X ..... ned by M/s. Shree Krishna Impex – alleged that the DEPB scrips were obtained by M/s. Shree Krishna Impex by over valuing the goods and therefore, correct value in the DEPB was not reflected and therefore the imports made by the appellants against such licenses have to be treated as non-duty paid – Held that:- DGFT has yet to decide whether the value declared for the purpose of obtaining DEPB scrip ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he DEPB scrips were obtained by M/s. Shree Krishna Impex by over valuing the goods and therefore, correct value in the DEPB was not reflected and therefore the imports made by the appellants against such licenses have to be treated as non-duty paid and accordingly, duty demands have been confirmed. Penalties equal to duty demanded have been imposed and interest has also been demanded from all the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es, no action has been taken by DGFT till now, according to the information available to the appellants. It was also submitted that learned Commissioner in the impugned order has relied upon the decision of the Hon'ble Supreme Court in the case of Aafloat Textile (I) Pvt. Limited - 2009 (235) E.L.T. 587 (S.C.) but this decision would not be applicable to the fact of the case, since what was consid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it can be said that DEPB scrips were obtained by fraud and therefore, none of the appellants gets a proper title in respect of DEPB scrips and therefore action taken by the department is proper. 4. We have considered the submissions made by both sides. Even though a considerable amount of time was taken to show that why extended period cannot be invoked and why the appellant gets a proper ti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o detail and also consideration of various decisions cited by both the sides. Under these circumstances, it can be said that appellants have made out a prima facie case by showing that action taken by department is premature at this stage and pending consideration of limitation, waiver of pre-deposit is required to be waived. Accordingly, we allow waiver of pre-deposit of all the dues in respect o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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