Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
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Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Separately Identifiable Services: transportation found to be the essential character, so Cargo Handling classification and extended limitation rejecte...
The text addresses personal liability for corporate contraventions under Section 42(1) of FEMA, holding that a company officer who actively participated in transactions and admitted involvement by statements under Section 37 may be held personally liable. It states that mens rea is not required for imposition of civil penalties under FEMA, treating such breaches as civil obligations attracting penalty irrespective of guilty intention. It also emphasises proportionality in penalty quantum, records reduction of the imposed penalty on that basis, and directs adjustment of any pre-deposit against the reduced amount.
The text addresses personal liability for corporate contraventions under Section 42(1) of FEMA, holding that a company officer who actively participated in transactions and admitted involvement by statements under Section 37 may be held personally liable. It states that mens rea is not required for imposition of civil penalties under FEMA, treating such breaches as civil obligations attracting penalty irrespective of guilty intention. It also emphasises proportionality in penalty quantum, records reduction of the imposed penalty on that basis, and directs adjustment of any pre-deposit against the reduced amount.
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