Option to pay fine in lieu of confiscation: may pay fine capped at market price and remain liable for duties. Where confiscation is authorised, the adjudicating officer may (for prohibited goods) or shall (for other goods) offer the owner or possessor an option to pay a fine in lieu of confiscation. Such fine is capped at the market price of the goods, less duty for imports, and does not discharge liability for applicable duties and charges. The option is time limited and becomes void if the fine is not paid within the statutory period, except while an appeal is pending, with a transitional provision for certain pre assent orders.
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.
Option to pay fine in lieu of confiscation: may pay fine capped at market price and remain liable for duties.
Where confiscation is authorised, the adjudicating officer may (for prohibited goods) or shall (for other goods) offer the owner or possessor an option to pay a fine in lieu of confiscation. Such fine is capped at the market price of the goods, less duty for imports, and does not discharge liability for applicable duties and charges. The option is time limited and becomes void if the fine is not paid within the statutory period, except while an appeal is pending, with a transitional provision for certain pre assent orders.
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