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TMI Blog2013 (6) TMI 637X X X X Extracts X X X X X X X X Extracts X X X X ..... misrepresenting/forged documents produced by the exporter and the DEPB scrip was subsequently cancelled ab-initio vide DGFT order dated 7/12/04. However, before cancellation of the DEPB scrip, the respondent had made duty free import against the same. The Jurisdictional Additional Commissioner confirmed the duty demand of Rs. 54,932/- alongwith interest against the respondent and beside this, also imposed redemption fine of Rs. 25,000/- as the goods were not available for confiscation. On appeal being filed to the Commissioner (Appeals), the Commissioner (Appeals) by the impugned order, following the judgment of Hon'ble Punjab & Haryana High Court in the case of CC vs. Leader Valves Ltd. reported in 2007 (218) E.L.T. 349 (P&H) set aside the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt had knowledge about obtaining of DEPB scrip by M/s Amber Export by fraud or mis-representation. In view of these circumstances, we are of the view that the issue involved in this case is squarely covered by Larger Bench of the Tribunal in the case of Hico Enterprises vs. CC, Mumbai reported in 2005 (189) E.L.T. 135 (Tri. LB), which had been upheld by the Apex Court vide judgment reported in 2008 (228) E.L.T. 161 (S.C.). 6. Tribunal's judgment in case of ICI India Ltd. reported in 2003 (151) E.L.T. 336 (Tri. Del.), relied upon in the Revenue's appeal is not applicable to the facts of this case as this is not a case where the DEPB scrip were fake or forged. In this case, the DEPB scrip had been issued by the Licensing authority, though ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p; (i) issue of DEPB scrip to an exporter by DGFT against certain stipulated export performance is like an agreement in the nature of grant and when the DEPB scrip has been issued against forged papers produced or mis-representation by the Exporter, the agreement would be a voidable agreement and the DEPB scrip would be valid till it is cancelled; (ii) In terms of Apex Court's judgment in case of Vikas Sale Corporation reported in [1996] 102 STC 106 and judgment of Hon'ble Delhi High Court in case of Philco Exports vs. STO reported in (2001) 124 STC 503 (Cal.), REP license and DEPB scrip are goods attracting sales tax on their transfer on sale; (iii) in this case, when the respondent had obtained the DEPB scrip f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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