2015 (9) TMI 194

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... order-in-appeal dated 6.11.2009. 2. The brief facts of the case are as under. The respondent filed Bill of Entry dated 24.2.2009 for the clearance of 300 numbers of Samsung dual SIM mobile phones valued at Rs. 37,77,824/- imported from China. On examination by Customs in the presence of CHA, the imported goods were found as per the description. However, since the Mobile phones were with double .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t Cell (IPR Cell))/SIIB, I&G Commissionerate, New Customs House, New Delhi vide letter F. No. SIIB/Cus/I&G/IPR/15/2009 dated 12.3,2009 informed 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 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... adjudicating authority's order on the grounds that: (i) There was no provision in the Intellectual Property Right (imported goods) Enforcement Rules, 2007 for recovering demurrage charges in the event of release of goods. (ii) The primary adjudicating authority has not indicated as to who is to recover and pay the demurrage charges. (iii) As the security has been furnished in favour of the Comm .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ment 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 ca .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 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. The appeal is therefore dismissed as mis-conceived.
Case laws, Dec .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X