Foreign Trade (Development and Regulation) Act,1992
16. Settlement . —
(1) the adjudication authority may determine the amount of
settlement to be paid by the person to whom a notice has been issued and who
has opted for settlement, and has admitted the contravention specified in the
notice, in the following cases, namely:--
(i) Where it is of the opinion that the
contravention of any provision of the Act or these rules or the policy has been
made without means read or without willful mistake or without suppression of
facts, or without any collusion or without fraud and forgery, or without an
intent to cause loss of foreign exchange; or
(ii) Where the person importing the goods has
not met the requirements of the actual user conditions as specified in the
policy and has not misutilised the said imported goods; or
(iii) Where the person importing the goods has
not fulfilled the export obligation and has not misutilised the said imported goods.
(2) Where a person has opted for settlement under sub-rule (1),
the settlement made by the adjudicating authority shall be final.