Fine in lieu of confiscation governs customs goods, with liability for duty, charges, and time-bound payment conditions. Authorises the adjudicating officer to give the owner, or where the owner is not known the person from whose possession or custody the goods were seized, an option to pay a fine in lieu of confiscation. For prohibited goods the option is discretionary, while for other goods it is mandatory. The fine is capped by the market price of the goods, less the duty chargeable on imported goods, and in certain concluded proceedings concerning goods that are not prohibited or restricted no such fine may be imposed. The person concerned remains liable for duty and charges, and the option lapses if the fine is not paid within one hundred and twenty days unless an appeal is pending.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Fine in lieu of confiscation governs customs goods, with liability for duty, charges, and time-bound payment conditions.
Authorises the adjudicating officer to give the owner, or where the owner is not known the person from whose possession or custody the goods were seized, an option to pay a fine in lieu of confiscation. For prohibited goods the option is discretionary, while for other goods it is mandatory. The fine is capped by the market price of the goods, less the duty chargeable on imported goods, and in certain concluded proceedings concerning goods that are not prohibited or restricted no such fine may be imposed. The person concerned remains liable for duty and charges, and the option lapses if the fine is not paid within one hundred and twenty days unless an appeal is pending.
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