Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
Levy of penalty - existence of mens rea or not - The appellant's argument that they were unaware of the need for authorization and had exported similar goods for years without objection from customs authorities was not accepted as a valid defense. The Tribunal upheld the impugned order but reduced the penalty to Rs. 50,000, stating that the goods were indeed liable for confiscation and that Section 114(i) does not require intent to be proved, only that the goods should be liable for confiscation, which was satisfied in this case.
Levy of penalty - existence of mens rea or not - The appellant's argument that they were unaware of the need for authorization and had exported similar goods for years without objection from customs authorities was not accepted as a valid defense. The Tribunal upheld the impugned order but reduced the penalty to Rs. 50,000, stating that the goods were indeed liable for confiscation and that Section 114(i) does not require intent to be proved, only that the goods should be liable for confiscation, which was satisfied in this case.
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