Duty Demand on Importer Overturned: Time-Barred Notice and Penalty Set Aside, Target Original License Holder Instead.

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....Duty demand u/s 28(1) of Customs Act, 1962, upon importer and transferee of license issued by DGFT - Liability of transferee for fraudulently obtained license - Levy of penalties u/s 114A - Extended period of limitation. License issued and made transferable by DGFT, valid and subsisting at the time of imports and clearance by importer. Customs verified license before clearance. Importer took precautions before purchasing license from broker. Alleged fictitious exports and fraud committed by exporter/original license holder, no allegation or evidence of importer's awareness. Duty forgone should be recovered from exporter/original license holder, not importer. Show cause notice dated 28.1.2015 raised demand for imports in April 2010, invoking.........