Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
Offence under FEMA - enhancement of penalty. Export obligations not completed within prescribed period for 21 foreign remittances, constituting technical contravention. Section 13(1) FEMA allows maximum penalty of three times the contravention amount, without prescribing fixed or minimum penalty. Adjudicating Authority's discretion to impose judicious penalty based on case facts. Export proceeds realized with delay, indicating no intention to contravene substantive provisions. Penalty of Rs. 2 lakh each on both noticees meets ends of justice for technical contraventions. Adjudicating Authority's order cannot be interfered with, as reasons for penalty imposition are reasonable. Appellate Tribunal upholds the order.
Offence under FEMA - enhancement of penalty. Export obligations not completed within prescribed period for 21 foreign remittances, constituting technical contravention. Section 13(1) FEMA allows maximum penalty of three times the contravention amount, without prescribing fixed or minimum penalty. Adjudicating Authority's discretion to impose judicious penalty based on case facts. Export proceeds realized with delay, indicating no intention to contravene substantive provisions. Penalty of Rs. 2 lakh each on both noticees meets ends of justice for technical contraventions. Adjudicating Authority's order cannot be interfered with, as reasons for penalty imposition are reasonable. Appellate Tribunal upholds the order.
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