2007 (11) TMI 496 - HC - Customs

Demurrage charges - Liability to pay - Held that - There is no specific allegation of mala fide against the Customs Department. The learned Single Judge has considered the said aspect as to whether or not the Customs Department had acted mala fidely and having considered the facts of the case and upon going through the records it has been held that there was no mala fide on the part of the Customs Department. It was held that whatever action was taken by the Customs Department was an action taken in good faith and that it did not amount to abuse or misuse of their power. We therefore find no reason to interfere with the findings recorded by the learned Single Judge. We find no merit in the appeal which is dismissed.

Summary

Issues:
1. Dismissal of writ petition by learned Single Judge and direction to deposit demurrage charges.
2. Dispute over the value of imported goods leading to confiscation and penalty orders.
3. Rectification application filed before CEGAT regarding quantity discount.
4. Appellant's plea for release of goods without payment of demurrage charges.
5. Amendment of writ petition and subsequent appeal against Single Judge's order.
6. Applicability of demurrage charges and liability of appellant.
7. Examination of mala fide allegations against Customs Department.
8. Confirmation of Single Judge's findings and dismissal of appeal.

Analysis:

1. The appeal challenged the order dismissing the writ petition filed by the appellant, directing the deposit of 20% demurrage charges with the International Airport Authority of India (IAAI) for the return of bank guarantees. The appellant imported goods, leading to a dispute over the value, resulting in confiscation and penalty orders. The appellant approached CEGAT, which partly allowed the appeal, setting the assessable value based on quantity discount. Subsequently, the appellant sought the release of goods without paying accumulated demurrage charges.

2. The CEGAT rectified the order based on quantity discount, leading to the release request by the appellant. However, the IAAI demanded demurrage charges, prompting the appellant to file a writ petition. The Single Judge's order was challenged in the appeal, emphasizing the liability of demurrage charges and the appellant's inability to clear goods without payment.

3. The Court examined the mala fide allegations against the Customs Department, finding no specific evidence of misconduct. The Single Judge's decision was upheld, concluding that the Customs Department's actions were in good faith and not abusive. The appeal was dismissed, affirming the findings of the Single Judge and denying any reason for interference.

This detailed analysis covers the issues raised in the legal judgment, highlighting the key aspects of the dispute and the Court's reasoning in each matter.