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2019 (4) TMI 41 - HC - CustomsRefund demurrage amount - Whether CELEBI can justly withhold the amounts paid and refuse to refund them to the ILFC, which claims that its action in importing the aircraft engine and exporting it was out of compulsion, even necessity, to safeguard its interests as property owner? Held that:- Supreme Court in the case of INTERNATIONAL AIRPORTS AUTHORITY VERSUS GRAND SLAM INTERNATIONAL OF INDIA [1995 (2) TMI 70 - SUPREME COURT OF INDIA] ruled that Section 45 of the Customs Act did not, affect International Airport Authority’s right to collect charges from the importer- even if the detention were to result in no revenue. Waiver of demurrage charges cannot be issued for the asking; therefore a court in judicial review cannot issue a direction without considering the reasons – if they are apparent, that underlie rejection of a request for exemption or waiver. After all, warehousing – and at the behest of the law (the Customs Act) is a commercial activity, for which the warehouseman or service provider (like CELEBI) invests with its resources, deploys manpower and creates infrastructure. The fee or consideration payable are determined by the duration or period for which warehousing is necessary, the kind of storage provided – including the safety and security to the goods. Unless the rules or relevant policy clearly mandate waiver from such services, courts cannot issue directions to such service providers. In this case, CELEBI relied on Clause 10.1.10 (b) to say demurrage waiver was precluded. In so saying, CELEBI was consistent with its policy. Petition dismissed - the petitioner (ILFC) shall pay the costs of these proceedings, to CELEBI, quantified at ₹ 3,00,000/- within two weeks.
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