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2015 (8) TMI 486 - HC - CustomsIssuance of Detention certificates Recovery of demurrage and rent - Petitioner contended that detention certificates were not issued qua five (5) bills of entries, imported by him As detention certificates were not issued, demurrage and rent was incurred Petitioner submits that charges incurred towards demurrage and rent have to be recovered from CONCOR Held that - respondent was directed to act in accordance with regulations i.e., Handling of Cargo in Customs Area Regulations, 2009 Petition disposed of Decided in favour of Petitioner.
Issues: Detention certificates not issued for imported goods leading to demurrage and rent charges.
In this judgment delivered by the Delhi High Court, the petitioner's grievance was that detention certificates were not issued for some part of the consignment of goods imported by him. The petitioner had imported ferrite ring magnets, and nine bills of entries were filed for the import carried out between February and April 2010. Following directions from the Directorate of Revenue Intelligence (DRI), the consignment was examined, and some containers were held back. Subsequently, seven containers were cleared by the DRI on 8-4-2010, and detention certificates were issued. However, the petitioner claimed that only seven containers were covered by the detention certificate issued on 12-4-2012, while five bills of entries relating to ten containers did not have detention certificates issued. The petitioner argued that the charges incurred towards demurrage and rent due to the lack of detention certificates needed to be recovered from CONCOR, requiring detention certificates for the remaining ten containers. The court directed the respondent to act in accordance with the Handling of Cargo in Customs Area Regulations, 2009, to address the issue promptly, not later than three weeks from the date of the judgment. Consequently, the writ petition was disposed of, providing relief to the petitioner and ordering the necessary actions to be taken expeditiously.
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