1989 (6) TMI 58 - HC - Customs

Summary

Issues:
1. Exemption from payment of import duty under Customs Act.
2. Confiscation of goods and redemption fine.
3. Refusal to issue demurrage waiver certificate by the Customs Authorities.
4. Entitlement to detention certificate for release of goods.
5. Responsibility for paying tariff and detention charges.

Detailed Analysis:

1. The judgment involves issues related to the exemption from payment of import duty under the Customs Act. The petitioners imported consignments of Urine Collecting sacks and claimed exemption under Notification No. 208/81. The Assistant Collector initially ordered confiscation of goods and levied a redemption fine. However, the Customs, Excise, and Gold (Control) Appellate Tribunal (CEGAT) later allowed the appeal, granting the petitioners the benefit of exemption under the said notification.

2. Another issue addressed in the judgment is the refusal by the Collector of Customs to issue a demurrage waiver certificate despite the petitioners' success before the CEGAT. The Collector cited a pending appeal by the Department before the Supreme Court as the reason for denial. The petitioners challenged this refusal through a writ petition, seeking a direction for the issuance of the necessary waiver certificate.

3. The judgment also delves into the petitioners' entitlement to a detention certificate for the release of goods from the Railways, as the Railways required such a certificate to release the goods without demurrage charges. The petitioners argued that the delay in releasing the goods was due to the Customs Authorities' actions, justifying their request for a detention certificate.

4. Furthermore, the judgment addresses the responsibility for paying tariff and detention charges. The agents for the Shipping Corporation of India contended that the consignees were liable for paying both the tariff and detention charges as per the terms of the Bill of Lading. The Court acknowledged this claim but focused on granting the petitioners the demurrage waiver certificate they sought.

5. The judgment concludes by allowing the writ petitions and directing the first respondent to issue demurrage waiver certificates in all three cases within two weeks. It emphasizes the petitioners' right to the certificates for the release of goods and leaves the resolution of any dispute between the agents and consignees regarding payment obligations to be addressed separately in accordance with the law.