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TMI Blog2016 (11) TMI 755X X X X Extracts X X X X X X X X Extracts X X X X ..... ant and CHA or their representatives against the bills of entry in question, shall be given due credit to the respective parties against the demand for basic excise duty from the date of recovery of the said amounts - No part of amount of duty so paid by them was attributable to the amount of fine and penalty against them in the instant case. As it is the fact on record that the duty confirmed aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - 18-10-2016 - Mr. Ashok Jindal, Member (J) And Mr. Devender Singh, Member (T) Shri Poojan Malhotra, Advocate- for the appellant Shri G.M. Sharma, AR for the respondent PER: ASHOK JINDAL The appellant is against the impugned order demanding duty alongwith interest and imposing penalty on the appellant. 2. The brief facts of the case are the appellant has filed bill of entr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant submits that the appellant purchased the DEPB against consideration in good faith and the appellant was not aware about the fraudulent nature of DEPB purchased by the CHA or their representative. In that circumstance, the penalty is not imposable on the appellant. He further submits that the appellant paid duty alongwith interest on assurance given by the department that if the amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard both sides and considered the submissions. 6. On careful consideration of the submissions made by both sides, we find that in this case, the following issues emerge: (i) Whether the appellant is entitled for refund of duty paid or not? (ii) Whether the penalty can be imposed on the appellant or not? Issue No.(i) 7. Before the Hon'ble High of Punjab and Haryana in C.W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ullar, in that circumstance and in view of the Hon'ble High Court's order, the amount is to be refunded to the appellant. Therefore, the demand of ₹ 1,27,350/- is set aside and the same is required to be refunded to the appellant. Issue No.(ii) 8. As the appellant was not vigilant at the time buying of DEPB scrips, and DEPB found to be fake or forged. In that circumstance, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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