2015 (2) TMI 869

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....ER Per P.K. Das; 1. The applicant filed this application for waiver of predeposit of duty of Rs. 50,39,604/- along with interest and penalty. 2. After hearing both sides and on perusal of the records, we find that the applicant imported goods and cleared by various Bills of Entry utilizing DFRC licences obtained under Telegraphic Release Advice (TRA) from M/s. Shree Kuberappa & Sons, Bang....

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....pugned order. In that case, it was held that DEPB licence was found to be obtained against misreprsentation and forged documents and the same was cancelled by DGFT. There is no allegation that the importer had knowledge about the obtaining of DEPB licences by fraud or misrepresentation and therefore the extended period of limitation is not maintainable. The Tribunal followed the decision of the La....

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....hand Krishan Kumar Bhatia (supra) held as under :-             "8.1 The cases like the present case are governed by the principles laid down in the Apex Court's judgments in cases of East India Commercial (supra), and Collector vs. Sneha Sales Corporation reported in 2000 (121) E.L.T. 577 (S.C.) = (2002-TIOL-440-SC-CUS) and Hon'ble ....