INDIAN ACRYLICS LTD. AND ORS. Vs. COMMISSIONER OF CUSTOMS
CUSTOMS EXCISE AND GOLD(CONTROL) APPELLATE TRIBUNAL
Indian Acrylics Ltd. And Ors.
COMMISSIONER OF CUSTOMS
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P.K.DAS, J. -
(1.)These appeals are arising out of a common order and therefore, all are taken up together for disposal.
(2.)Shri Rakesh Jain, learned Advocate is appearing on behalf of M/s. Indian Acrylics Ltd., (in short the importer) and Shri D.R. Ahuja, Superintendent of Central Excise. None appears on behalf of the other Appellants. There is no application for adjournment. Hence, we proceed to decide all the appeals.
(3.)The relevant facts of the case, in brief, are that the importer purchased transferable DEPB scrips on 25.08.2000 from open market, which was originally issued to M/s. Supreme Castings Limited (in short the exporter) against their export. The importer imported Chemicals through Kandla Port on the basis of the said DEPB scrips, without payment of duty. In 2004, it was found that the exporter obtained the transferable DEPB scrips fraudulently by ante -dating the shipping Bill No. 2216 dated 30.03.2000, pertaining to cargo against shipping bill, which was received in CFS on 04.04.2000, when the value applicable cab to grant of DEPB for export was reduced. The said DEPB scrip was cancelled by DGFT authority.
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