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PENALTIES UNDER CUSTOMS ACT, 1962

Customs - Import - Export - SEZ - By: - Mr. M. GOVINDARAJAN - Dated:- 9-5-2016 - The Customs Act, 1962 ( Act for short) provides for penalties. Chapter XIV of the Act provides for imposition of penalties. The following sections dealt with imposition of penalties- Section 112 - Penalty for improper importation of goods etc., Section 114 - Penalty for attempt to export goods improperly etc., Section 114A - Penalty for short levy or non levy of duty in certain cases; Section 114AA - Penalty for use .....

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oods liable for confiscation under Section 111; Omits to do any act which would render such goods liable for confiscation under Section 111; Abets the doing or omission to do such act; acquiring possession of or is in any way concerned in carrying, removing, depositing, harboring, keeping, concealing, selling or purchasing, or in any other manner dealing with any goods which he knows or has reason to believe are liable to confiscation under section 111. The term goods referred to in this section .....

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such duty as determined under after giving the reasonable opportunity to the concerned person under Section 28(8) and the interest payable thereon under section 28AA is paid within 30 days from the date of communication of the order of the proper officer determining such duty, the amount of penalty liable to be paid by such person under this section shall be 25% of the penalty so determined. (iii) in the case of goods in respect of which the value stated in the entry made under this Act or in th .....

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7; 5000/-, whichever is the highest; (v) in the case of goods falling both under clauses (ii) and (iii), to a penalty not exceeding the duty sought to be evaded on such goods or the difference between the declared value and the value thereof or ₹ 5000/-, whichever is the highest. Penalty for attempt to goods improperly etc., Section 113 provides for confiscation of goods attempted to be improperly exported etc., Section 114 provides for penalty for confiscation of goods under Section 113. .....

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ods. The details of penalties imposed under this Section are as follows: in the case of goods in respect of which any prohibition is in force under this Act or any other law for the time being in force, to a penalty not exceeding 3 times the value of the goods as declared by the exporter or the value as determined under this Act, whichever is the greater; in the case of dutiable goods, other than prohibited goods, subject to the provisions of section 114A, to a penalty not exceeding 10% of the d .....

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not exceeding the value of the goods, as declared by the exporter or the value as determined under this Act, whichever is the greater. Penalty for short levy or non levy of duty in certain cases Section 114A provides that where the duty- has not been levied or has been short-levied he interest has not been charged or paid or hasbeen part paid; or the duty or interest has been erroneously refunded by reason of- collusion; or any willful mis-statement; or suppression of facts, the person who is li .....

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to be paid by such person under this section shall be 25% of the duty or interest, as the case may be. The second proviso to this section provides that the benefit of reduced penalty under the first proviso shall be available subject to the condition that the amount of penalty so determined has also been paid within the period of 30 days referred to in that proviso. The third proviso to this section provides that where the duty or interest determined to be payable is reduced or increased by the .....

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vailable if the amount of the duty or the interest so increased, along with the interest payable thereon under section 28AA, and 25% of the consequential increase in penalty have also been paid within thirty days of the communication of the order by which such increase in the duty or interest takes effect. Where any penalty has been levied under this section, no penalty shall be levied under section 112 or section 114. Penalty for use of false and incorrect material Section 114AA provides that i .....

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