2005 (6) TMI 187

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....s of the impugned order-in-original vide which Commissioner of Customs has confirmed the duty demand against them. 2. I have heard both sides and gone through the record. The facts are not much in dispute The appellants purchased the DEPB scrips from M/s. Parker Industries and imported Gun Metal Scrap against the same vide Bill of Entry No. 109, dated 16-1-1998. The goods were cleared by the Cu....

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....the exporter who obtained the DEPB scrips by fraudulent manner. Therefore, I do not hold them liable to penal action under Section 112 of the Customs Act, 1962". In the face of these findings ld. Commissioner could not legally order the recovery of the duty under Section 28 of the Customs Act. In this context, the law laid down by the Hon'ble Bombay High Court in the case of Taparia Overseas (P....