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CESTAT held that the ADG, DRI and the Commissioner of Customs lacked jurisdiction to declare DGFT-issued DEPB scrips ab initio null and void; DEPB scrips, even if voidable for fraud, remained effective unless annulled by the DGFT. The Tribunal set aside demands framed under section 125(2) as impermissible for recovery of duty (duty lies under section 28), and quashed confiscation and penalties under sections 111, 112 and 114 insofar as they rested on unlawful nullification of scrips or on BRC validity. It held customs authorities cannot adjudicate bank-issued BRCs or substitute RBI's domain. Penalties on importers, bank officers and the chartered accountant were rescinded and the appeals were allowed.
CESTAT held that the ADG, DRI and the Commissioner of Customs lacked jurisdiction to declare DGFT-issued DEPB scrips ab initio null and void; DEPB scrips, even if voidable for fraud, remained effective unless annulled by the DGFT. The Tribunal set aside demands framed under section 125(2) as impermissible for recovery of duty (duty lies under section 28), and quashed confiscation and penalties under sections 111, 112 and 114 insofar as they rested on unlawful nullification of scrips or on BRC validity. It held customs authorities cannot adjudicate bank-issued BRCs or substitute RBI's domain. Penalties on importers, bank officers and the chartered accountant were rescinded and the appeals were allowed.
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