https://www.taxtmi.com/caselaws?id=205274 The Tribunal allowed the appeal by M/s Hazel Mercantile Ltd. Mumbai, setting aside the penalty imposed under Section 117 of the Customs Act, 1962. The decision emphasized the necessity of proving malafide intention for penalties under Section 117, highlighting that mere failure to comply with duties is insufficient without evidence of deliberate wrongdoing. The lack of market demand and the intention to re-export the goods were considered valid reasons for the delay in clearing the imported goods, leading to the conclusion that the penalty was unjustified due to the absence of proof of malafide intention. en-us Fri, 29 Apr 2011 00:00:00 +0530 Wed, 27 Jul 2011 15:40:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=205274 The Tribunal allowed the appeal by M/s Hazel Mercantile Ltd. Mumbai, setting aside the penalty imposed under Section 117 of the Customs Act, 1962. The decision emphasized the necessity of proving malafide intention for penalties under Section 117, highlighting that mere failure to comply with duties is insufficient without evidence of deliberate wrongdoing. The lack of market demand and the intention to re-export the goods were considered valid reasons for the delay in clearing the imported goods, leading to the conclusion that the penalty was unjustified due to the absence of proof of malafide intention. Case-Laws Customs Fri, 29 Apr 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=205274