COMMISSIONER OF CUSTOMS, AMRITSAR Vs. PARKER INDUSTRIES

JUDGEMENT

(1.) This order will dispose of Custom Act Appeal Nos. 1 to 5 of 2006, as common questions of facts and law are involved between the same parties. Facts have been noticed from Custom Act Appeal No. 1 of 2006.

(2.) This appeal has been preferred by the revenue against the order dated 7-2-2005 passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi (for short, the Tribunal') in C/Stay 2921-2925/04-NB(S) in A. No. C/638-42/04-NB(S), proposing following questions of law :-

(3.) Case of the revenue is that the assessee forged Bank Certificate of Exports and Realization (BCE&R) with a view to avail benefits under Duty Entitlement Pass Books (DEPB) under which an exporter is entitled to duty exemption. When the fraud committed came to light, the Joint Director General of Foreign Trade (JDGFT) cancelled the DEPBs issued in favour of the respondent vide order dated 16-1-2002.The assessee transferred one of the DEPBs to M/s. Shiraj International Company, Amritsar, who effected imports on that basis. Though, proceedings were initiated against M/s. Shiraj International Company, but no penalty was imposed as their plea that they were bona fide transferee of DEPBs for consideration, without notice of any allegation of fraud, was accepted. Finding recorded by the adjudicating authority in its order dated 28-4-2004 is as under :-