2013 (11) TMI 244

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..... pellant is a bonafide purchaser of transferable DEPB scripts and as such, no suppression can be attributed to the appellant. Further the Tribunal also relied upon Tribunals decision in appellants own case whereby the demand of duty for the extended period was dropped - issue of availability of extended period is a legal issue required to be decided in the facts and circumstances of each and every .....

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..... ading Company is not appropriate inasmuch as the extended period was not the subject matter of said decision. 2. The Revenue s contention is that extended period was involved in the case of Friends Trading Company and Tribunal ought to have followed the said decision and ought to have held that since the DEPB scripts were procured by misrepresentation by the original exporter, extended period wa .....

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..... nd every cases. Tribunal having come to a finding that such extended period was not available to the Revenue for raising the demand, we are of the view that said findings cannot be held to be a mistake requiring any rectification. Same is a view and finally decided issue by the Tribunal and if the revenue is aggrieved with the same, they can challenge the same before higher forum. 5. Accordingly .....

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