Customs Act, 1962 › Chapter XIV — Confiscation of goods and conveyances and imposition of penalties

Section 114AB. Penalty for obtaining instrument by fraud

Customs Act, 1962

Bare Act

Penalty for obtaining instrument by fraud, etc. — Where any person has obtained any instrument by fraud, collusion, wilful misstatement or suppression of facts and such instrument has been utilised by such person or any other person for discharging duty, the person to whom the instrument was issued shall be liable for penalty not exceeding the face value of such instrument.

Explanation.-For the purposes of this section, the expression "instrument" shall have the same meaning as assigned to it in the Explanation to section 28AAA.

Judgments on Section 114AB

Bayer Crop Science Ltd vs Commissioner Of Customs-Nhava Sheva -… — CESTAT, 20 Jan 2026. Customs authorities cannot reclassify goods after export or deny/cancel MEIS scrips, since export benefits fall within the exclusive domain of the DGFT under the FTDR Act, 1992, exports attain finality under Section 51…
M/S Bhagwati Products Limited vs C.C. Noida — CESTAT, 12 Dec 2025. Equity has no place in the interpretation of a fiscal statute — 'there is no room for any intendment... there is no equity about a tax...