Home Case Index All Cases Customs Customs + HC Customs - 2022 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (5) TMI 149 - GUJARAT HIGH COURTSeeking waiver/refund of charges like container detention charges, demurrage charges, ground rent charges etc - clearance of goods imported by the petitioner - case of petitioner is that despite the final assessment of the goods and payment of the assessed customs duties, the goods imported by the writ applicant were not cleared - HELD THAT:- Having regard to the ratio of the decision of the Supreme Court in the case of JINDAL DRUGS LTD. & ANR. VERSUS THE UNION OF INDIA & ORS. [2018 (8) TMI 49 - SUPREME COURT] and also that of the Delhi High Court in the case of M/S. GLOBAL IMPEX THROUGH ITS PARTNER, SHREE SHYAM ENTERPRISES, SURENDER KUMAR JAIN THROUGH ITS PROPRIETOR, BISHT INTERNATIONAL THROUGH ITS PROPRIETOR, ROOP SINGH ENTERPRISES THROUGH ITS PROPRIETOR, VERSUS MANAGER, CELEBI IMPORT SHED AND ANR., UNION OF INDIA & ORS. [2019 (12) TMI 957 - DELHI HIGH COURT], where it was held that demurrage, to CELEBI, would be payable by the petitioners-importers in these writ petitions, and not by the Customs authorities. Thus, no liability to be fastened on the respondent - application dismissed.
|