Supreme Court of India
Jain Exports Pvt. Ltd. and Anr. v. Union of India and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
For the foregoing reasons we are satisfied that the importers' con tentions that the redemption fine should be wholly waived or substantially reduced as their action in importing the goods under OGL was bona fide is not well founded.
Judgment, page 15
From the headnote
Customs Act, 1962: Sections 11 l(d) and 125. Import-Violation of Import Policy-Confiscation-Redemption fine-Factors relevant for determining quantum of-Relevance of bona fide-Bona fide alone not sufficient for waiver of fine-Totality of circumstan- ces should be borne in mind. Imports an_d Exports (Control) Act, 1947: Section 3(1). Canalised item-Import under Open General Licence-Validity of-Plea of bona fid..,_Re/evant material relating to bona fide not placed on record-Import held illegal and not bona fide. Import and Export Policy 1980-81. Appendix 9 Entry 5-'Coconut Oil'--Cornpetent
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