2020 (5) TMI 615 - HC - Customs

Issuance of detention certificate - Waiver of demurrage and detention charges - Regulation 6(1)(1) of the Handling of Cargo in Customs Areas Regulations 2009 - Ministry of Shipping Order No.PD- 14033/4/2020-PD VII dated 21.04.2020 and instructions dated 24.04.2020 - HELD THAT - The petitioner submitted that the petitioner is ready and willing to pay the duty levied by the Customs for release of the goods by making provisional assessment and therefore, the respondent may be directed to consider such request. The respondent shall consider the request of the petitioner for provisional assessment and pass such order, within a period of three weeks from the date of receipt of a copy of this order - petition disposed off.

Summary

Issues:
Request for waiver of demurrage and detention charges
Request for assessment and clearance of goods covered by specific bill of entry

Analysis:
The petitioner filed two writ petitions seeking relief. Firstly, to direct the respondent to issue a detention certificate recommending waiver of demurrage and detention charges as per specified regulations and orders. Secondly, to direct the respondent to assess and clear goods covered by two specific bill of entries. The petitioner imported goods and claimed Customs Exemption Notification benefits. Despite forwarding investigation reports and repeated requests for assessment, the respondent did not assess the goods or issue the requested detention certificate.

During the hearing, the petitioner expressed willingness to pay the duty levied by Customs for the release of goods through provisional assessment. The standing counsel for the respondent assured the court that a provisional order of assessment would be passed within three weeks and the request for a detention certificate would be considered. In light of this proposal, the court decided to dispose of the writ petitions without expressing any views on the merits of the claims made by the parties.

Consequently, the court issued directions for the respondent to consider the petitioner's request for provisional assessment and issue orders within three weeks. Additionally, the respondent was instructed to consider the request for a detention certificate within the same timeframe. The petitioner was directed to cooperate by providing all necessary documents to the respondent to comply with the court's orders within the stipulated time. No costs were awarded, and the connected miscellaneous petition was closed.