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Customs - Highlights / Catch Notes

Home Highlights February 2020 Year 2020 This

Release of seized consignments for purposes of re-export - the ...

Customs

February 1, 2020

Release of seized consignments for purposes of re-export - the demurrages are bound to be paid by the petitioner in accordance with law.

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  1. Waiver of demurrage charges - The period during confiscation, charges have been waived, therefore, for the remaining period the petitioner is duty bound to pay the duty...

  2. The petitioner is willing to pay the tax, the authorities are bound to release the same as the provision of law provides for release of goods on payment of tax - HC

  3. Valuation of imported goods - inclusion of Demurrage charges - In no stretch of imagination the demurrage can be included in the value of the goods for the purpose of...

  4. Interest on delay in releasing the cash seized treating as unexplained cash - the petitioner is entitled to be paid interest @ 12% - HC

  5. If the goods are seized or detained by the proper officer, the assessee shall not be charged with any rent or demurrage on the goods - AT

  6. Release of consignments - “Yellow Peas/green peas” imported - issuance of “Detention Certificate” - there shall be a waiver of demurrage charges.

  7. Release of detained empty container denied - demurrage - As the importer has been found guilty, they could be made liable for payment of rental dues and not the container owner.

  8. Provisional release of seized goods - Section 110A of the Customs Act, 1962 - Valuation - enhancement of value as per NIDB data for similar goods - goods allowed to be...

  9. Provisional release of the goods - onerous conditions - department is not empowered to put onerous conditions for provisional release of seized goods. - HC

  10. Levy of demurrage charges - the detention of the goods by the Customs Authorities was illegal and such illegal detention prevented the importer from releasing the goods....

 

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