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TMI Blog2014 (3) TMI 872X X X X Extracts X X X X X X X X Extracts X X X X ..... id in the eyes of law. There is also no finding of any aiding and abating Beni Export by the appellant. The portion of the order of the adjudicating authority dropping the proposal to impose penalty does not stand appealed against by the Revenue - demand, having been raised by invoking the longer period of limitation is not sustainable. The same is accordingly set aside - Decided in favour of ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oreign Trade on 24-10-2001. 3. By the time, the DEPB scrip were cancelled, the import had already taken place. In view of the above, proceedings were initiated against the appellant by way of issuance of Show Cause Notice (SCN) dated 31-10-2002 proposing confirmation of demand of duty of Rs. 1,29,089/- on the ground that imports stand made on the basis of DEPB scrip which were procured fraudulen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... against noticee No. 1 cannot be sustained in law 5. The said order of the original adjudicating authority was upheld by Commissioner (Appeals). 6. The main contention of the appellant is that in view of the clear findings that the appellant was not party to the fraudulent action of the exporter, the extended period of limitation cannot be invoked against them. Ld. Advocate has also submitt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of such licence for having been procured fraudulently by exporter/transferor - no allegation of any misstatement or suppression of facts against importer - extended period not invocable. (iii) DSM Anti-Infectives India Ltd. reported in 2009 (246) E.L.T. 648 (Tri.) held that bona fide purchaser of freely transferable DEPB scrip, not knowing that they were obtained fraudulently by transferor - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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