2018 (9) TMI 201

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....e assesses, are directed against the orders passed by the Customs, Excise and Service Tax Appellate Tribunal, dated 20.07.2016, in Final Order Nos.41792/2016 to 41795/2016. 3.The above appeals have been admitted on 01.06.2017, on the following substantial questions of law:- "(i) Whether the doctrine of Caveat Emptor would deem a victim of fraud, to be guilty of fraud and liable to penal consequences under Section 114A of the Customs Act, 1962? (ii) Whether extended period is invokable when the appellants have not been accused for suppression of facts, misrepresentationor fraud, collusion etc. with the proviso to Section 28(1) of the Customs Act, 1962" 4.After elaborately arguing the matter, the learned counsel for the appellants submi....

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.... of investigation was challenged to be perverse. Modus Operandi of all the appellants proved to be mala fide due to various dubious practices adopted and secret arrangements made by them through fake TRAs presented to Chennai customs and clearance of imports were made without genuine DEPB scrips acquired. What was apparent was not proved to be real. Chain of evidence established nexus of the persons involved to serve their illwill. Investigation brought out entire deliberate acts and omissions of appellants to the fold of law. Nexus of each other and their close proximity came to light by cogent evidence gathered by DRI during investigation and very minutely evaluated and assessed by learned Adjudicating Authority in the adjudication proces....

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....struments. We uphold the Orders-in-Original. However, in the fitness of the circumstances of the cases and to meet the ends of justice - (1) Penalties are set aside against the importer-appellants while confirming the duty and interest demanded from them. (2) We uphold the penalties imposed on appellant Shri Satish Mohan Agarwal in view of his pivotal role in the entire fraud beginning from making the fake, forged, false, fabricated and fraudulent DEPB scrips/TRAs. (3) Penalties against the following abettor traders/brokers/sub-brokers in appeal are reduced by half as indicated hereunder:-" 5.We have gone through the reasons assigned by the Tribunal, from which, we find that the Investigating Agency as well as the Adjudicating Author....