General provisions relating to determination of fine or penalty

While adjudging the quantum of fine or penalty under this Chapter, the Court or the Adjudicating Officer, as the case may be, shall have due regard to the following, namely:

1. (a) the amount of gain or unfair advantage, wherever quantifiable, made as a result of the contravention;
2. (b) the amount of loss caused or likely to cause to the Government or any person as a result of the contravention;
3. (c) the repetitive nature of the contravention;
4. (d) whether the contravention is without his knowledge; and
5. (e) any other relevant factor.