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2011 (2) TMI 538 - HC - Indian LawsDemand - It is claimed that for every Rs. 100/- spent by the Government, the petitioners are paying Rs. 185/- towards charges for the Customs personnel deputed to CFS/ICD - In the counter affidavit filed on behalf of the respondents, it was stated that due to liberalization of Indian economy, considerable growth was found in volume of exports and imports - The proposal for setting up CFS either by way of private sector or public sector will be cleared by the Inter Ministerial Committee on the recommendations of the Jurisdictional Commissioner and on the basis of prescribed guidelines - It was also further stated in the same regulation that the customs service providers already approved on or before the date of coming into force its regulations shall comply with the conditions of requirement within a period of three months or such period not exceeding the period of one year as the Commissioner of Customs may allow - It is only when a pay revision was made by the Central Government for its employees with retrospective effect, the petitioners have come forward to challenge the demand - Therefore, recovery charges will have to be made by them When ICD and CFS are running by Custodians for their own commercial gains and located in the hinterland, the cost recovery charges will have to be paid for the posting of customs officials who are additionally sanctioned for these ICDs and CFS over and above the regular posts - while calculating the cost recovery charges, apart from the cost of the staff includes the component of pay and allowances, contribution of pension will have to be recovered from their salaries. therefore, there was no exorbitant claim in demanding 1.85 times - writ petitions will stand dismissed
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