Settlement under foreign trade rules lets the adjudicating authority fix and finalise penalties where contraventions lack mens rea. The adjudicating authority may determine a settlement amount when a noticee opts for settlement and admits the contravention. Settlement is available where the contravention occurred without mens rea, wilful mistake, suppression of facts, collusion, fraud, forgery or intent to cause loss of foreign exchange, or where an importer failed actual user conditions or export obligations without misutilisation. Once opted, the adjudicating authority's settlement determination is final.
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.
Settlement under foreign trade rules lets the adjudicating authority fix and finalise penalties where contraventions lack mens rea.
The adjudicating authority may determine a settlement amount when a noticee opts for settlement and admits the contravention. Settlement is available where the contravention occurred without mens rea, wilful mistake, suppression of facts, collusion, fraud, forgery or intent to cause loss of foreign exchange, or where an importer failed actual user conditions or export obligations without misutilisation. Once opted, the adjudicating authority's settlement determination is final.
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