FRIENDS TRADING COMPANY Vs. C.C.

JUDGEMENT

(1.) HEARD both sides. The appellants filed this appeal against Adjudication Order passed by the Commissioner of Customs whereby the duty of Rs. 1,40,149/ - was confirmed.

(2.) BRIEF facts of the case are that the present appellants made import against DEPB Scrip. The goods were cleared without payment of duty. Subsequently, it was found that DEPB Scrip were obtained by producing forged bank certificate of export and realization issued by various banks, and therefore, DEPB Scrips were cancelled by the competent authority. In pursuance cancellation of DEPB Scrip demand of duty was confirmed after issuance of show cause notice.

(3.) FACTS of the case are that M/s. Parker Industries after producing the relevant evidence before the competent authority obtained Transferable DEPB Scrips which were first transferred to one M/s. Shyam International. M/s. Shyam International transferred the same to M/s. Vivek Impex Pvt. Ltd. and the present appellants purchased the DEPB Scrip from M/s. Vivek Impex Pvt. Ltd. Subsequently it was found that the DEPB Scrip was obtained by producing forged documents. As the Scrip was cancelled subsequently, the duty is demanded from present appellant as the appellant imported the goods under these scrips.