Penalty for attempt to export goods improperly, etc. -

SECTION 114.

Any person who, in relation to any goods, does or omits to do any act which act or omission would render such goods liable to confiscation under section 113, or abets the doing or omission of such an act, shall be liable,

(i)   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 ¹ [ ² [ not exceeding three times the value of the goods as declared by the exporter or the value as determined under this Act]], whichever is the greater;

³ [(ii) in the case of dutiable goods, other than prohibited goods, subject to the provisions of section 114A, to a penalty not exceeding ten per cent. of the duty sought to be evaded or five thousand rupees, whichever is higher:

Provided that where such duty as determined under sub-section (8) of section 28 and the interest payable thereon under section 28AA is paid within thirty 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 twenty-five per centof the penalty so determined;]

⁴ [(iii)  in the case of any other goods, to a penalty not exceeding the value of the goods, as declared by the exporter or the value as determined under this Act, whichever is the greater.]

Note :-

1. Substituted by Act 14 of 2001, section 108(a), for “not exceeding five times the value of the goods or one thousand rupees” (w.e.f. 11.05.2001).

2. Substituted by Act 32 of 2003, section 117 (a), for “not exceeding the value of the goods or five thousand rupees” (w.e.f. 14.05.2003).

3. Substituted by Act 20 of 2015, section 84, for clause (ii) (w.e.f. 14.05.2015). Earlier clause (ii) was amended by Act 14 of 2001, section 108(b) (w.e.f. 11.05.2001). Clause (ii) before substitution by Act 20 of 2015, stood as under:

“(ii) in the case of dutiable goods, other than prohibited goods, to a penalty not exceedingthe duty sought to be evaded or five thousand rupees, whichever is the greater;”.

4. Substituted by Act 32 of 2003, section 117 (b), for clause (iii) (w.e.f. 14.05.2003). Earlier clause (iii) was amended by Act 14 of 2001, section 108(c) (w.e.f. 11.05.2001).