https://www.taxtmi.com/caselaws?id=3030 Penalty under Section 112 of the Customs Act was sustained where DEPB benefits were obtained on the basis of forged Bank Certificates of Export and Realisation. The recorded fraud and forgery were supported by the respondent's own admission that the certificates were forged, and once the DEPB scrips were procured through fake documents the transaction was treated as non est, with fraud vitiating the process. The omission in the show cause notice to specify clause (a) or clause (b) of Section 112 did not invalidate the proceedings because the respondents had full opportunity to and no prejudice was shown. The objection that they were not the importer also failed, as the fraudulent conduct attracted confiscation and penal consequences. en-us Thu, 23 Aug 2007 00:00:00 +0530 Wed, 16 Apr 2008 15:49:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=3030 Penalty under Section 112 of the Customs Act was sustained where DEPB benefits were obtained on the basis of forged Bank Certificates of Export and Realisation. The recorded fraud and forgery were supported by the respondent's own admission that the certificates were forged, and once the DEPB scrips were procured through fake documents the transaction was treated as non est, with fraud vitiating the process. The omission in the show cause notice to specify clause (a) or clause (b) of Section 112 did not invalidate the proceedings because the respondents had full opportunity to and no prejudice was shown. The objection that they were not the importer also failed, as the fraudulent conduct attracted confiscation and penal consequences. Case-Laws Customs Thu, 23 Aug 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=3030