Mens Rea

Delay Is Not Default: Supreme Court Holds a Carrier Who Deposits Foreign Travel Tax Late Cannot Be Penalised as One Who Failed to Pay It

An airline deposited Foreign Travel Tax late in six instances, once by 63 days, and was hit with a penalty of over Rs. 71 lakh — nearly 600 times the amount first imposed before its own appeal triggered a remand. The Supreme Court set the penalty aside, holding that 'failure to pay' cannot be equated with delay, and that customs officers retain discretion not to impose a penalty even where a statutory minimum is prescribed.