Skip to content

Penalties in respect of attempt of improper exportation of goods, etc. [Section 114]

Penalties in respect of attempt of improper exportation of goods, etc. [Section 114]:

Improper exportation of goods, which would render such goods liable to confiscation under section 113 of the Customs Act, is liable to penalty under section 114 of the Act as under:

S.No Goods Maximum Penalty
1 In case of prohibited goods (a) Three times the value of the goods declared by the exporter

or

(b) Value as determined under the Customs Act,

whichever is greater

2 In case of dutiable goods, other than prohibited goods (a) 10% of the duty sought to be evaded on such goods

or

(b) ` 5,000,

whichever is greater

Further, such penalty will be subject to the provisions of section 114A.

However, where such duty as determined 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.

3 In case of any other goods (a) Value of the goods declared by the exporter

or

(b) Value as determined under the Customs Act,

whichever is greater

Thus, under section 112, in each case, the minimum penalty is ` 5,000.

Leave a Reply