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M/s. Indian Christion Outreach Ministries Versus Commissioner of Customs

2015 (10) TMI 2030 - MADRAS HIGH COURT

Waiver of detention and storage charges – No response given by Second Respondent to letter of Assistant Commissioner dated 06.08.2015; thus complaint lodged by petitioner on 11.08.2015 to Commissioner of Customs – Nothing moved since then – Held That .....

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P. No. 25723 of 2015 - Dated:- 7-9-2015 - MR. R.MAHADEVAN J. For the Appellant Mr Hari Radhakrishnan Fort the Respondent Mr S Haja Mohideen Gisthi, SC JUDGEMENT This writ petition is filed for the issue of a Writ of mandamus directing the 1st Respond .....

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hin a reasonable time frame. 2. The petitioner had filed Bill of Entry dated 04.04.2013 for import and clearance of goods declared as Miscellaneous Medical Equipments, Dental Equipments, Medical items such as Syringes, Plastic tubes, saline/fluid met .....

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ed an order dated 21.11.2013, by which, goods to the value of ₹ 5,220/- were confiscated under Section 111(d) of the Customs Act, 1962 read with Drugs and Cosmetics Act, 1940. In addition, the value for other medical equipments were enhanced wi .....

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.12.2013 reduced the redemption fine to ₹ 50,000/- and penalty to ₹ 10,000/- with a further direction to the original adjudicating authority to issue necessary detention and demurrge waiver certificate as per law. Accordingly, the Assista .....

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on charges was not given upto the actual clearance of the goods, an appeal was preferred before the Commissioner of Customs (Appeals), who by order dated 19.02.2015, directed the Assistant Commissioner to give waiver of demurrage and detention charge .....

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contend that with regard to waiver of demurrage charges, as claimed by the petitioner, even the Assistant Commissioner of Customs (Group 6) on 06.08.2015, wrote a letter to the 2nd respondent recommending wavier upto 14.08.2015 and since there was n .....

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