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the principle that fraud nullifies everything would not be applicable to the respondent, as -
(i) issue of DEPB scrip to an exporter by DGFT against certain stipulated export performance is like an agreement in the nature of grant and when the DEPB scrip has been issued against forged papers produced or misrepresentation by the Exporter, the agreement would be a voidable agreement and the DEPB scrip would be valid till it is cancelled;
(ii) in terms of Apex Courts judgment in case of Vikas Sale Corporation reported in [1996] 102 STC 106 and judgment of Honble Delhi High Court in case of Philco Exports v. STO reported in (2001) 124 STC - 503 (Cal.), REP licence and DEPB scrip are goods attracting sales tax on their transfer on sale;