Section 2
[28AAA. Recovery of duties in certain cases.—(1) Where an instrument issued to a person has been obtained by him by means of —
2 [28AAA. Recovery of duties in certain cases.—(1) Where an instrument issued to a person has been obtained by him by means of —
(a) collusion; or
(b) wilful mis-statement; or
(c) suppression of facts,
for the purposes of this Act or the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), 3 [or any other law, or any scheme of the Central Government, for the time being in force, by such person] or his agent or employee and such instrument is utilised under the provisions of this Act or the rules 4 [or regulations] made or notifications issued thereunder, by a person other than the person to whom the instrument was issued, the duty relatable to such utilisation of instrument shall be deemed never to have been exempted or debited and such duty shall be recovered from the person to whom the said instrument was issued:
Provided that the action relating to recovery of duty under this section against the person to whom the instrument was issued shall be without prejudice to an action against the importer under section 28.
Explanation 1.— For the purposes of this sub-section, "instrument" means any scrip or authorisation or licence or certificate or such other document, by whatever name called, issued under the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), 5 [or duty credit issued under section 51B, with respect to] a reward or incentive scheme or duty exemption scheme or duty remission scheme or such other