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2009 (9) TMI 440 - CESTAT, CHENNAIDemurrage charges- Detention Certificate- The original authority has very clearly brought out the actual position that the detention was not at the instance of customs or for examination by customs authorities. The impugned goods remained in the custody of the port trust as desired by the respondents. Hence, it is clear that no detention certificate is required to be issued for waiver of demurrage and detention charges, as the respondents were fully responsible for detention of the cargo. Held that- The respondents were fully responsible for not producing the required bank guarantee for the clearance of the cargo and in fact they had requested for release of the part of the consignment and retention of the balance quantity. Hence, the original authority has rightly rejected their request for issue of a detention certificate required for seeking waiver of demurrage and detention charges from the port trust. In view of the foregoing, we set aside the impugned order-in-Appeal and restore the order of the original authority. The department’s appeal is allowed. The Cross-objection is dismissed.
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