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2015 (4) TMI 484 - AT - CustomsPenalty u/s 117 - contravention of the Handling of Cargo in Customs Areas Regulations, 2009 - violation of the Facility Notice - Held that:- The Regulation 5(5) requires the Shipping Agency to comply with Rules, Regulations, Notifications and Orders. The Facility Notice is not an order issued under the provisions of the Customs Act. Facility Notice is only issued to facilitate and regulate the movement of containers. The facility notice cannot and does not bind the shipping line to move the containers to a particular CFS at the behest of the CHA. - no basis for levy of penalty. - Decided in favour of appellant.
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