https://www.taxtmi.com/caselaws?id=240452 Section 112(a) of the Customs Act was construed as prescribing only an upper limit for penalty, not a mandatory minimum of five thousand rupees. The phrase "not exceeding ... or five thousand rupees whichever is greater" was read as fixing the statutory ceiling, so a penalty could be imposed at any amount within that limit. The departmental contention that the penalty had to be enhanced to five thousand rupees was unsupported by the wording of the provision, and the departmental appeal failed. en-us Fri, 01 Jun 2012 00:00:00 +0530 Mon, 14 Jan 2013 13:34:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=240452 Section 112(a) of the Customs Act was construed as prescribing only an upper limit for penalty, not a mandatory minimum of five thousand rupees. The phrase "not exceeding ... or five thousand rupees whichever is greater" was read as fixing the statutory ceiling, so a penalty could be imposed at any amount within that limit. The departmental contention that the penalty had to be enhanced to five thousand rupees was unsupported by the wording of the provision, and the departmental appeal failed. Case-Laws Customs Fri, 01 Jun 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=240452