https://www.taxtmi.com/caselaws?id=49100 For quantification of penalty under Section 116 of the Customs Act, 1962, the relevant rate is the tariff rate of duty under Section 12(1), not a concessional or exempted rate available through an exemption notification. The charging provision for customs duty is distinct from assessment and quantification provisions, and Sections 14 and 15 operate only in that assessment context. Section 116 imposes strict liability on the person in charge of the conveyance, so using an importer-specific reduced rate would make penalty computation depend on identity and create anomalous results. en-us Wed, 10 Apr 1991 00:00:00 +0530 Mon, 09 Aug 2010 15:58:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=49100 For quantification of penalty under Section 116 of the Customs Act, 1962, the relevant rate is the tariff rate of duty under Section 12(1), not a concessional or exempted rate available through an exemption notification. The charging provision for customs duty is distinct from assessment and quantification provisions, and Sections 14 and 15 operate only in that assessment context. Section 116 imposes strict liability on the person in charge of the conveyance, so using an importer-specific reduced rate would make penalty computation depend on identity and create anomalous results. Case-Laws Customs Wed, 10 Apr 1991 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=49100