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december 2008

Supreme Court of India · 2008-12-16

Kothari Filaments & Anr vs Commr.Of Customs (Port) Kolkata & Ors

Court
Supreme Court of India
Petitioner
Kothari Filaments & Anr
Respondent
Commr.Of Customs (Port) Kolkata & Ors
Author
S.B. Sinha
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court upheld the imposition of penalties under Section 112(a) and (b) of the Customs Act, 1962 for mis-declaration of imported goods, specifically Tetracycline HCL, which required an import license. The Court found that the principles of natural justice were not violated as the mistake was acknowledged by the exporter, and the show cause notice was sufficiently detailed. The Court confirmed the confiscation of goods under Section 111(d) and (m) of the Act, affirming the lower courts' decisions regarding penalties and confiscation.

Kothari Filaments & Anr vs Commr.Of Customs (Port) Kolkata & Ors · Niyam