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Customs - Highlights / Catch Notes

Home Highlights July 2024 Year 2024 This

Interpretation of Section 11(2) of FTDR Act, 1992 - penalty ...


Penalty can't be levied for unfulfilled export obligations if no violation attempt. Order imposing penalty for export shortfall sans contravention quashed.

Case Laws     Customs

July 12, 2024

Interpretation of Section 11(2) of FTDR Act, 1992 - penalty cannot be levied for non-fulfillment of export obligations under Letter of Permission/Undertaking if there is no allegation of attempting to make export/import in contravention of provisions of Act, Rules, Orders or Foreign Trade Policy - impugned order imposing penalty for shortfall in export of manufactured goods without any contravention is without authority and quashed - petition allowed in line with Supreme Court ruling in similar circumstances.

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