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Binny Ltd. Versus The Chief Commissioner of Customs (Imports) Chennai

2015 (10) TMI 1535 - MADRAS HIGH COURT

Appeal to remove consignments from the Premises – Petitioner functions as Container Freight Station (CFS) under Section 45 of the Customs Act, 1962 – Petitioner contends that license issued to them for the operation of CFS cancelled and as such consi .....

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oods or otherwise shift them from the place of the Petitioner – Decided in favour of the Assessee. - W.P.No. 5611 of 2015 - Dated:- 14-8-2015 - Mr. R. Mahadevan, J. For the Petitioner : Mr. S. Murugappan For the Respondent : Mr. A.P. Srinivas, Standi .....

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learned counsel appearing for the petitioner submitted that petitioner Company, after obtaining permission and approval from the Ministry of Commerce, Government of India, started functioning as a Container Freight Station (CFS) for receipt of impor .....

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nd the last such renewal was granted to the petitioner Company upto 22.05.2013. 2.2 The learned counsel for the petitioner would further submit that due to various operational reasons and practical difficulties faced by the petitioner Company in movi .....

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of the import containers as well as the goods meant for export and gradually the cargo lying in the CFS was liquidated. However, 23 consignments, relating to the import/export seized by the customs authorities are still lying in the petitioner's .....

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o the petitioner Company with effect from 18.05.2012. 2.4 According to the learned counsel for the petitioner, as of now, the petitioner Company does not have the CFS status and also any bonded warehouse license and hence, as per the provisions of th .....

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ts right from the year 2012, requesting them to remove the goods lying in their premises, neither they have taken possession of the same nor disposed them off in accordance with law. 2.6 Besides, according to the learned counsel for the petitioner, m .....

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confiscation is required to take possession of the confiscated goods. 2.7 It is the contention of the learned counsel for the petitioner that non removal of 23 consignments from the petitioner's premises is not in accordance with law and hence h .....

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