CBLR'18 - REGULATION 6 & G CARD EXAM NOTES - DIFFERENCE BETWEEN FINE AND PENALTY UNDER CUSTOMS ACT 1962

FINE	PENALTY
Imposed under Sec 115 & 125(1) of Customs Act1962	Penalty governed  by various section Namely
	Sec 30, 72, 112, 114, 114A,  114AA, 116, 117 & 158.
Fine is related to goods. It is known as redemption fine seized /	Penalty is on the person  (offender) also. It may
confiscated  conveyance / goods from customs	be imposed on importer or exporter, on Customs Broker and
under Sec 115 & 125(1) of CA 62	also on steamer agents
There are discretionary fine powers vested	Penalty under Sec 114A is mandatory  and penalty
with customs officers to impose fine to the	under other sections are discretionary.
extent provided in Sec 115 & 125(1)
Where the fine imposed under sec125 is not paid within a period of 120 days from the date of option given thereunder, such option shall become void, unless an appeal against such order is pending
Note : Late presentation of BE will attract additional charges under Bill of Entry (Electronic Integrated Declaration and Paperless Processing) Regulations, 2018 which is NOT either Fine or Penalty. Ref Sec46(3) second Proviso - it uses word "charges" only