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The High Court considered the issue of penalty levy for ...


Export of dimensional blocks u/s 11(2) FT(DR) Act, 1992 from unlicensed quarries - penalty upheld. Failure to comply with export regulations.

June 5, 2024

Case Laws     Customs     HC

The High Court considered the issue of penalty levy for exporting dimensional blocks directly from unlicensed quarries u/s 11(2) of the Foreign Trade (Development and Regulation) Act, 1992. The petitioner exported from the quarry site instead of the licensed premises specified in the Letter of Permission. The Court noted the breach of civil obligations attracting penalty, emphasizing that penalty for tax delinquency is civil and coercive, distinct from criminal penalties. The Court upheld the penalty imposition, finding no illegality, and dismissed the petition. The petitioner's failure to comply with export regulations led to the penalty levy.

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