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2022 (12) TMI 1502 - HC - CustomsShifting the goods to a warehouse - Section 49 of the Customs Act, 1962 - Petitioner is incurring high demurrage charges in the IGI Airport - HELD THAT - The Petitioner is permitted to make a representation to the Customs authorities for moving the cargo to a recognized warehouse. The same shall be considered and if the documents are found in order, the same shall be processed and decided within 3 days after moving of the representation. List on 6th February, 2023.
Issues:
1. High demurrage charges incurred by the Petitioner at IGI Airport. 2. Application under Section 49 of the Customs Act, 1962 for shifting goods to a warehouse. Analysis: The judgment delivered by Justice Prathiba M. Singh of the Delhi High Court addressed the issues raised by the Petitioner regarding the high demurrage charges being incurred at the IGI Airport. The counsel for the Respondents requested further time to take instructions, which was granted with a clear directive that no additional time would be provided. The counsel for the Petitioner emphasized the need to shift the goods to a warehouse to mitigate the demurrage charges. Reference was made to Section 49 of the Customs Act, 1962, which allows for the storage of imported goods in a warehouse pending clearance or removal. The provision outlines the conditions under which goods can be stored in a public warehouse for a specified period, subject to the approval of Customs authorities. Subsequently, the Court permitted the Petitioner to submit a representation to the Customs authorities for the transfer of the cargo to a recognized warehouse. It was specified that the representation should be processed and decided within 3 days if the documents are found to be in order. The case was listed for further proceedings on 6th February 2023, with the interim order already granted set to remain in effect until the next hearing date. The judgment provided a practical solution for the Petitioner's concerns regarding demurrage charges by allowing for the potential transfer of goods to a warehouse as per the provisions of the Customs Act, 1962.
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