CA Final · Indirect Tax Laws · Foreign Trade Policy
Meera Overseas Ltd submitted a document to DGFT knowing it was forged, in respect of goods valued at ₹2,00,000. Separately, goods in another matter were found to be imported in contravention of the Policy and are liable to confiscation. Which statement is correct under Section 11?
For submitting a forged document, the penalty is at least ₹10,000 or up to five times the goods' value, whichever is more. Goods contravening the Policy are liable to confiscation and may be released on paying redemption charges equivalent to their market value.
- AOnly the document is penalised, and goods can never be confiscated
- BA penalty of not less than ₹10,000 or up to five times the goods' value, whichever is more, applies for the forged document, and confiscated goods may be released on payment of redemption charges equivalent to their market valueCorrect
- CThe penalty for the forged document is fixed at ₹10,000 regardless of value
- DConfiscated goods must be released free of charge if the importer admits the contravention
Explanation
Section 11(3) imposes a penalty of not less than ₹10,000 or up to five times the value, whichever is more, for forged or false documents. Under Section 11(8) and (9), goods are liable to confiscation and may be released on payment of redemption charges equal to market value. The fixed ₹10,000 option ignores the value-based limb.
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