No Penalty for Genuine Purchase of Fabricated DEPB Scrip: CESTAT

Fats And Proteins Pvt Limited Vs Commissioner of Customs (CESTAT Ahmedabad)

Introduction: In the case of “Fats And Proteins Pvt Limited vs Commissioner of Customs (CESTAT Ahmedabad),” the Customs Act’s penalty imposition for fabricated DEPB scrips was the central issue.

Detailed Analysis:

1. Background of the Case: The appellant, Fats And Proteins Pvt Limited, purchased DEPB (Duty Entitlement Passbook) scrips from the open market in good faith. However, later investigations revealed that these DEPB scrips were fabricated. The Customs department sought to recover the duty availed by invoking an extended period, leading to a dispute that pertains to the period from January 2004. The show-cause notice was issued on May 21, 2008.

2. Legal Arguments:

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