9911796707
TMI Blog2015 (9) TMI 194X X X X Extracts X X X X X X X X Extracts X X X X ..... als’) order which only stated that the recovery of demurrage charges can be made from the right holder by enforcing the bond executed by him. Indeed setting aside the impugned order-in-appeal would meant that the Revenue cannot recover the demurrage charges by enforcing the bond executed by the right holder. In these circumstances, we are of the view that Revenue cannot be said to be aggrieved by the impugned order-in-appeal and consequently has no right to file an appeal there-against under Section 129A of the Customs Act under which only a person aggrieved by the impugned order can file appeal - Decided against Revenue. - Appeal No. C/12/2010-CU(DB) - F. Order No.52173/2015 - Dated:- 1-7-2015 - Mr. G. Raghuram and Mr. R.K. Singh, JJ. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the importer regarding suspension of clearance of the above said goods, suspected to be infringing the said IPR. Accordingly, the Patent holder was also informed vide e-mail dated 12.3.2009 about the above said import of dual SIM mobile phones and asked to execute a consignment specific Bond (equal to 110% of the value of infringing goods as specified in para 7 of Notification No. 47/2007-CUS(NT) dated 8.5.2007. The patent holder executed the required bond. 4. The proceedings initiated in respect of said Bill of Entry were eventually dropped and mobile phones imported by the respondents were ordered to be released. The primary adjudicating authority also ordered that the demurrage on the said goods was to be recovered from Shri S. Ram ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he case of the department that the said Rules do not provide any mechanism to recover said charges and their payment to custodian. Since, the bond is executed with the Commissioner of Customs, the authority to recover said charges from the right holder vests with the Commissioner. Absence of suitable mechanism cannot be a reason for right holder not to pay the demurrage and detention charges. Concerned Commissioner can devise a suitable mechanism in this regard. 7. The ld. DR is not able to explain as to how Revenue is aggrieved by the impugned order of Commissioner (Appeals) which allowed enforcement of bond executed by the right holder for recovering of demurrage charges. The grounds of appeal are identical to the grounds advanced by ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
