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2015 (10) TMI 2131 - HC - CustomsGoods not cleared on the basis of being hazardous – Custom cargo Service Provider demanded demurrage charges for releasing goods - Petitioner contends that he is not liable to pay demurrage charges; should be paid by customs authorities - Regulation 6(1) of the Regulations of 2009 bars Respondent no.4 from demanding demurrage charges on goods that were detained by customs authorities - Respondent No. 4 states that demurrage charges are paid on goods within a period of 7 days; further contended that neither delivery order nor endorsed invoices have been placed before Respondent till date; goods as such cannot be delivered to petitioner. Held that:- Provision of Section 45 read with the Regulation 2(b), 5 and 6 of Regulations of 2009 states customs cargo service provider is responsible for providing storage facilities; is entitled to charge demurrage charges but not in case where goods are detained, seized or confiscated by customs department - Consequently, permitting the cargo to remain in the customs area for months on the pretext of seeking a clarification from the MOEF with regard to the nature of the goods being hazardous or not appears to unjustified and arbitrary, especially when the petitioner made a specific application for shifting the goods to a warehouse in terms of Section 49 of the Act. - By not passing any orders on the petitioners application for provisional assessment or by not passing any orders on the application of the petitioner under Section 49 of the Act for storage of the imported goods in a warehouse pending clearance would amount to detention of the goods. – Petitioner granted relief; - allowed to clear goods without payment of demurrage charges upto the period 15th January, 2015; handling or demurrage charges leviable subsequent to 15th January, 2015 till the actual clearance – Decided in favour of Petitioner.
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