LEADER VALVES LTD. Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) The case relates to discharge of customs duty through DEPB Scrip. The duty demand has been made on the ground that scrips were later on found to have been obtained fraudulently.

(2.) The contention of the appellant is that scrips were obtained by some other party and the appellant had purchased the scrips for consideration. It is pointed out that impugned order has recorded a finding that no fraud has been committed by the appellant in regard to DEPB Scrip. Learned Counsel for the appellant has submitted that since no fraud has been committed by the appellant, the extended period under Section 28 of the Customs Act could not have been invoked against them. As against this, the learned DR has pointed out that Commissioner of Customs has relied on the judgment of the Apex Court in the case of Commissioner of Customs v. Candid Enterprises [2001 (130) E.L.T. 404 (S.C.)]. 3. I have perused the record and considered the submissions made by both sides. In the present case, the lower authorities have accepted the appellant's case that no fraud had been committed by them in obtaining the goods after payment of duty through DEPB Scrip. To such a case, the judgment of the Apex Court may not apply. Appellant has a prima facie case on time -bar. Stay application is allowed and the requirement for pre -deposit is waived. Appeal to come up for hearing on 17 -3 -2005.