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2016 (3) TMI 1035 - HC - CustomsGrant of waiver of demurrage charges - Exportation of copper wires - Petitioner sent goods but the importer did not turn up to file Bill of Entry hence, the petitioner sought for reshipment of goods - Board chose to not to exercise power under Section 53 of the said Act and rejected the claim for demurrage - Held that:- in rejecting the claim of the petitioner, upon having entered into an exercise to consider the same, the Board relied on guidelines for waiver of demurrage charges on imported cargo on recording there is no guideline for waiver of demurrage charges on export cargo. Inference can be drawn that the petitioner was taken by surprise on the reliance of such guidelines as they had come prepared and did submit without reference to the same. Prejudice appears to have been caused to the petitioner and the demonstration of it is borne out from the face of the impugned order itself. The Board did not invite the petitioner, as does not appear from the impugned order, to make submissions with reference or regard to the guidelines for waiver of demurrage on imported cargo. Apart from that the Board having itself found no guideline was in place to cover the case of the petitioner, went on to say its case did not deserve consideration due to any special circumstance. On the top of that record bears the finding by this Court in the petitioner’s earlier writ petition, as would appear from the passage reproduced above, that so far as the Customs was concerned their ‘bureaucratic machinery, in such a situation, will not be able to function, because none of the standard operations quite fits the special situation’. Therefore, the impugned order is not sustainable and set aside. Also, the respondent no.1 shall revisit the claim of the petitioner for waiver of demurrage charges. Such direction is being made because the said respondent itself chose to consider the same under Section 53 of the said Act inasmuch as the claim of the petitioner was not rejected in limine. - Petition disposed of
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