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TMI Blog2015 (2) TMI 463X X X X Extracts X X X X X X X X Extracts X X X X ..... ated:- 22-12-2014 - Hon'ble Shri B. S. V. Murthy,JJ. For the Appellant : Mr. Pakshi Rajan, A.R. For the Respondent : None ORDER Assessee-Respondent had utilized one DEPB licence No. 02100040533 dated 24.10.2002 pertaining to M/s Sneha Enterprises (Exporter), Kolkata which was sold / transferred to them by M/s Adarsh Impex, Kolkata through M/s PD Enterprises, Hyderabad who was broker/agent based at Hyderabad. The above said license was used for imports through Kakinada by the respondent. A show-cause notice was issued to the respondent demanding payment of duty amount of ₹ 6,85,945/- alleged to be inadmissible DEPB credit on the ground that the said license was procured by M/s Sneha Enterprises fraudulently by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents of the Hon ble High Court of Punjab and Haryana in the case of CC, Amritsar vs. M/s Leader Valves Ltd. and that of the Hon ble High Court of Calcutta in the case of M/s ICI India Ltd. vs. Commissioner, Customs (Port), Calcutta and crystallized the fine distinction and the treatment in the hands of law thereof, inasmuch as the bona fide purchaser of a DEPB scrip not est ab initio and was held not liable in the event of the scrip, later on, found to be obtained using fraudulent means, as in the case of M/s Leader Valves. It was held that the situation is different if the said scrip is est ab initio as in the case of a forged DEPB scrip where even the purchaser of such scrip could not have any relief. As already arrived at above, in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tation could not be invoked in absence of finding of suppression or mis-statement by the importer who is successor of holder of such document. Distinction must be made between a document which is non-existent and fraudulent and a document which has not been genuinely obtained by complying with the requisite conditions. 9. We are unable to accept the submission. Finding recorded by the Tribunal, reproduced above, shows that action of the petitioner was not bona fide. In any case, the proviso is not limited to action of an importer who comes forward to take advantage on the basis of fraudulently obtained or forged DEPB, it also covers action of the predecessor of the importer. Importer who steps into the shoes of seller of forged document ..... X X X X Extracts X X X X X X X X Extracts X X X X
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