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2018 (3) TMI 1503 - AT - CustomsIssuance of detention certificate - request for issue of detention certificate for the said period was rejected by Deputy Commissioner of Customs on the ground that the goods had not been subject to detention by Nhava Sheva Customs - Held that: - it is seen that there is no provision therein for issue of detention certificate and the circular itself forwarns the logistics service provider not to collect any rent or demurrage in specified circumstances. There is no dispute that the goods were not seized or confiscated and it is questionable whether the goods had actually been detained when the appellant was at liberty to clear their goods on payment of duty. Detention follows on order issued to a custodian not to release goods without the approval of the competent authority. Such an order is not seen on the record, nor has it been produced by the appellant. Considering the trouble visited and the delays incurred by the appellant owing to the wrong re-determination on the part of the proper officer it would appear only proper that a detention certificate should be issued by the Customs authorities which may be produced before the custodian of the cargo to seek relief from the demurrage from detention charges already paid. Appeal allowed in part.
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