https://www.taxtmi.com/caselaws?id=94475 Admitted shortage in export consignments did not make the penalty excessive or unwarranted where the explanation failed to establish bona fide conduct. The exporter's reliance on weighment through an unreliable machine after electricity failure was rejected because proper care was expected and use of an unused machine was avoidable. Since the penalty fell within the statutory range, the authority's discretion was not treated as excessive, and absence of an express finding of mala fide intention did not prevent interference with the penalty challenge from failing. en-us Wed, 17 Nov 1999 00:00:00 +0530 Tue, 22 Nov 2011 17:10:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=94475 Admitted shortage in export consignments did not make the penalty excessive or unwarranted where the explanation failed to establish bona fide conduct. The exporter's reliance on weighment through an unreliable machine after electricity failure was rejected because proper care was expected and use of an unused machine was avoidable. Since the penalty fell within the statutory range, the authority's discretion was not treated as excessive, and absence of an express finding of mala fide intention did not prevent interference with the penalty challenge from failing. Case-Laws Customs Wed, 17 Nov 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=94475