https://www.taxtmi.com/caselaws?id=73734 Penalty was not justified for import of cloves where the contracts were concluded before the goods became canalised and the imports were arranged while OGL imports were still permissible. On those facts, no mala fides or intention to evade import control restrictions was shown, so the penalty was set aside. The quantum of confiscation fine remained a matter of judicial discretion, to be fixed with reference to relevant considerations such as profit margin. A marginal difference in percentage across orders did not, by itself, make the fine arbitrary or require a uniform reduction, so the fine was maintained. en-us Thu, 17 Mar 1988 00:00:00 +0530 Fri, 03 Jun 2011 12:13:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=73734 Penalty was not justified for import of cloves where the contracts were concluded before the goods became canalised and the imports were arranged while OGL imports were still permissible. On those facts, no mala fides or intention to evade import control restrictions was shown, so the penalty was set aside. The quantum of confiscation fine remained a matter of judicial discretion, to be fixed with reference to relevant considerations such as profit margin. A marginal difference in percentage across orders did not, by itself, make the fine arbitrary or require a uniform reduction, so the fine was maintained. Case-Laws Customs Thu, 17 Mar 1988 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=73734