https://www.taxtmi.com/caselaws?id=212758 Section 4-I of the Imports & Exports (Control) Act, 1947 is a penal provision and must be strictly construed; liability arises only where the importer's conduct falls within a specific statutory clause, such as unauthorised use, false declaration, or wrongful sale of imported goods. Mere non-fulfilment of export obligation or failure to achieve prescribed value addition does not, without more, amount to misutilisation of imported goods. As the show cause notice and orders relied only on export and value-addition shortfall and identified no applicable clause or finding of misutilisation, misdeclaration, or diversion, the penalty could not be sustained. en-us Mon, 20 Jun 2011 00:00:00 +0530 Tue, 24 Apr 2012 18:40:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=212758 Section 4-I of the Imports & Exports (Control) Act, 1947 is a penal provision and must be strictly construed; liability arises only where the importer's conduct falls within a specific statutory clause, such as unauthorised use, false declaration, or wrongful sale of imported goods. Mere non-fulfilment of export obligation or failure to achieve prescribed value addition does not, without more, amount to misutilisation of imported goods. As the show cause notice and orders relied only on export and value-addition shortfall and identified no applicable clause or finding of misutilisation, misdeclaration, or diversion, the penalty could not be sustained. Case-Laws Customs Mon, 20 Jun 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=212758