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    <title>2016 (11) TMI 558 - MADRAS HIGH COURT</title>
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    <description>Allowing third-party misuse of an import export code, rubber stamp and letterheads attracted liability under the Customs Act&#039;s confiscatory and penalty scheme, and the appellant could not avoid penalty in principle. However, the penalty discretion under Section 114 had to be exercised evenly and on sound lines; where similarly placed persons were fined less and no special malicious intent was attributable solely to the appellant, the higher amount was not justified. The penalty was therefore sustained but reduced to align with the comparable penalties imposed on others.</description>
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    <pubDate>Thu, 03 Nov 2016 00:00:00 +0530</pubDate>
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      <description>Allowing third-party misuse of an import export code, rubber stamp and letterheads attracted liability under the Customs Act&#039;s confiscatory and penalty scheme, and the appellant could not avoid penalty in principle. However, the penalty discretion under Section 114 had to be exercised evenly and on sound lines; where similarly placed persons were fined less and no special malicious intent was attributable solely to the appellant, the higher amount was not justified. The penalty was therefore sustained but reduced to align with the comparable penalties imposed on others.</description>
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      <pubDate>Thu, 03 Nov 2016 00:00:00 +0530</pubDate>
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