Clarification regarding handling of cargo in customs areas Regulations, 2009.

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..... December, 2011. To, All Chief Commissioners of Customs / Customs (Prev). All Chief Commissioners of Customs Central Excise. All Commissioners of Customs / Customs (Prev). All Commissioners of Customs Central Excise All Director General under CBEC . Subject: Handling of Cargo in Customs Areas Regulations, 2009 Clarification - regarding . .....

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..... this context, it is stated that Regulations 5 and 6, provide for conditions to be fulfilled by a Customs Cargo Service Provider (CCSP) and their responsibilities in relation to imported or export goods. Regulation 6(2) particularly provides that CCSP approved for custody of imported or export goods and for handling of such goods shall not lease, gift, sell or sublet or in any other manner transfer .....

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..... place wherein private operators are constructing and operating terminals in the land leased out to them. Such projects require obtaining the approval of Minister of Shipping/ Finance Minister/ Cabinet Committee of Infrastructure depending upon the cost of the project. Hence, they had represented that specific permission from another authority i.e., the Commissioner of Customs is unwarranted. Hence .....

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..... has been provided in order to take into account the concerns of the revenue for safeguarding the duty on imported goods. 5.2. It is also important to note that the provisions of Section 128 of the Major Port Trusts Act, 1963 provide for saving of the right of Central Government for collecting duties and of power of Customs officers by specifically providing as follows: 128. Nothing in .....

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..... s been obtained, then appropriate action may be initiated against the erring Custodian under the said Regulations and the Customs Act, 1962. 7. These instructions should be brought to the notice of all the concerned by way of issuance of instructions/ trade notice. 8. Difficulty faced, if any, may be brought to the immediate notice of the Board. Yours faithfully, (G .....

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