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TMI Blog2017 (5) TMI 858X X X X Extracts X X X X X X X X Extracts X X X X ..... ugh the banking channel. Thus, the appellant was vigilant as per the maxim EX ALUN DANTI CAUTELA - appellants have purchased the licence from the market for import of the goods being the vigilant buyer - penalties set aside - appeal allowed - decided in favor of appellant. - Customs Appeal No. 52975 of 2015 - F. O. No. 52551/2017 - Dated:- 17-3-2017 - Mr. (Dr.) Satish Chandra, President and Mr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st the fake shipping bills. Penalty was also levied. Being aggrieved, the present appeal is filed by the appellant. 3. With this background, we heard Sh. Piyush Kumar, ld. Advocate for the appellant who submits that the appellant has already debited the duty alongwith interest. Thus, the duty is not in question, the only grievance of the appellant is that penalties of ₹ 2,12,122/- under S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Del.); and (v) CC, Amritsar vs. Patiala Castings Pvt. Ltd. -2012 (283) ELT 269 (Tri. Del.). 4. On the other hand, Sh. K. Poddar, ld. AR for the Revenue reiterated the findings in the impugned order. He submits that when the duty is paid penalty is mandatory in cases of fraud. He also relied upon the decision of the Punjab Haryana High Court in the case of Friends Trading Co. vs. Union of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the licence was forged or genuine. The documents were submitted by the seller was not examined by the department. The appellant has purchased the licence from the market under the bonafide belief, the failure is mainly on the part of the DGFT. 7. In view of the above, we are of the view that this is a fit case where both the penalties can be cancelled and hence we cancelled. Hence, we cancel th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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