Reasonable Cause for Late Return: penalty under section 271(1)(c) unsustainable where disclosure, audit filing and voluntary offer showed no concealme...
Mandatory BIS registration for specified electrical imports was held to be a procedural requirement whose superseding Quality Control Order operates prospectively, so there was no retrospective obligation at import; the superseding order deferred registration and expressly excluded prior acts. Because the breach was procedural and there was no mens rea by the importer, confiscation and penalty were deemed unwarranted. The operative relief ordered was payment of a redemption fine of Rs. 15,000 and release of the goods on payment within one week of receiving the certified order.
Mandatory BIS registration for specified electrical imports was held to be a procedural requirement whose superseding Quality Control Order operates prospectively, so there was no retrospective obligation at import; the superseding order deferred registration and expressly excluded prior acts. Because the breach was procedural and there was no mens rea by the importer, confiscation and penalty were deemed unwarranted. The operative relief ordered was payment of a redemption fine of Rs. 15,000 and release of the goods on payment within one week of receiving the certified order.
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