TMI Blog2020 (3) TMI 1067X X X X Extracts X X X X X X X X Extracts X X X X ..... lass of importers or exporters or for categories of goods prohibiting accepted documentary clause on or category of goods basis of the modes of transport of goods, in order to maintain transparency in the import and export documentation or clearance or release of goods or reduction of transaction cost and balance between customs control and facilitation of legitimate trade. The petitioners do not have any cause of action in laying challenge to Ext.P1. There was already a written contract between them and the client and obviously the apprehension expressed of deviation is at far-fetched. It will not curtail or take away their right to recover the handing charges as per the terms and conditions of the contract - there are no justification warranting any interference under Article 226 of the Constitution of India, to bring the case under the realm of judicial review. Petition dismissed. - WP(C).No.7435 OF 2020(D) - - - Dated:- 11-3-2020 - MR. AMIT RAWAL J. PETITIONER/S: BY ADVS. SRI. V.M. SYAM KUMAR SMT.KRIPA ELIZABETH MATHEWS SMT.P.F.ROSY RESPONDENT/S: R1, R3 BY ADV. SHRI. P. VIJAYAKUMAR, ASG OF INDIA OTHER PRESENT: SRI SREELAL N WARRIER SC FOR R2 JUDG ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only include transportation but other charges ie., handling etc. Therefore, the petitioner's client is contractually bound to pay the charges to the 1st petitioner's members. The contract of carriage entered into between the Association and the clients also include tariff which includes not only the amount payable to the port /terminal for handling the containers but also other miscellaneous charges and expenses to be levied. The first petitioner's members collect the same from the client along with other charges under the head of Terminal Handling Charges and pays at the time when the goods are dispatched or received. The services provided by the petitioners are enumerated here under. a. Preparation of Vessel arrival report and obtaining certificates and clearance from Customs/ Immigration Department, Port Health Department. b. Carrying out of vessel clearance activity of the vessels after berthing, by coordinating with Customs/Immigration and Port Health authorities. c. Liaising with various departments of Port d. Furnishing requisite security in advance for Terminal Handling Charges (THC) e. Updating of Port Community System (PCS) f. paym ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e learned counsel for the petitioners. It would be apt to reproduce the impugned notice and Section 141 in order to assign the reasoning to the submission of the learned counsel for the petitioners. PUBLIC NOTICE No.05/2020 Sub: Terminal handling charges levied by Shipping Lines - reg. ................... Attention of all importers, exporters, customs brokers, shipping lines/agents, CFSs, Custodians, Port Terminal Operators, members of the trade and industry and all other stakeholders is invited to the above mentioned subject. 2. Terminal Handling Charges are levied by the Port Terminals from the Shipping Lines and the Shipping Lines in turn collect these charges from the importers or the customs brokers as the case may be. Many importers have represented to the Customs Department that the Shipping Lines are collecting terminal handling charges and other charges such as SSR (Special Service Request), Demurrage charges, Reefer Monitoring Charges, Special Handling Charges etc., which are at variance with what the Shipping Lines have paid to the port terminals. This results in lack of transparency in collection of these charges. 3. In order to bring t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntrol and facilitation of legitimate trade. 7. On a perusal of the aforementioned provision, the board of the custom is empowered to take measures for the facilitation of trade by prescribing accepted procedures, documentation for a class of importers or exporters or for categories of goods prohibiting accepted documentary clause on or category of goods basis of the modes of transport of goods, in order to maintain transparency in the import and export documentation or clearance or release of goods or reduction of transaction cost and balance between customs control and facilitation of legitimate trade. Notice Ext.P1 has been issued on behalf of the Board by an officer concerned as the power to delegate provided under Section 15 of the Customs Act, where the Central Government is empowered to authorize Principal Chief Commissioner of Customs or Chief Commissioner of Customs, Principal Commissioner of Customs or Commissioner of Customs or Assistant Commissioner of Customs or Deputy Commissioner of Customs etc. The provision under Section 152 of the Customs Act reads as follows: 152. Delegation of powers The Central Government may, by notification in the official Gazet ..... X X X X Extracts X X X X X X X X Extracts X X X X
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