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TMI Blog2023 (10) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... R SOMESH ARORA : When the matter was called, none appeared for the appellant. The matter has been coming up on the board on earlier occasion also and this is 11th time. The matter pertains to year 2012 therefore the same is taken up for disposal on merits. 2. The appellant in this case have a grievance as purchaser of DEPB scrips from the open market on the bonafide belief. However, later on D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Division Bench of CESTAT Ahmedabad cited supra, in effect stands overruled by the Apex Court decision in the matter of M/s. Munjal Showa Limited in Civil Appeal No. 2576 of 2010 has held as follows:- "8. From the judgment and order passed by the Tribunal and even from the findings recorded by the Department, it has been found that the DEPB licenses/Scripps, on which the exemption benefit was ava ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther coercive action. Be that as it may, the fact remains that the DEPB licenses/Scripps on which the exemption was availed by the appellant(s) was/were found to be forged one and, therefore, there shall be a duty liability and the same has been rightly confirmed by the Department, which has been rightly confirmed by the Tribunal as well as the High Court. 11. Now, so far as the submission on b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and are accordingly dismissed. As the penalty proceedings are reported to be pending pursuant to the remand order passed by the Tribunal, we direct the adjudicating authority to complete the penalty proceedings on remand, at the earliest preferably within a period of six months from today. With this, both the appeals are dismissed. No costs." 4. In view of the definite findings of the Apex Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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