2016 (12) TMI 520

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..... FS where imported goods will be stuffed once they reach the Indian Port. Generally, the shipping agents choose the CFS on behalf of the importers and after getting the permission from the Assistant / Deputy Commissioner the goods are unloaded at the Ports and are brought to the CFS, stacked therein after verification by the customs authorities under the bond. Thereafter, the CFS allows destuffing of the goods and after the formalities of assessment and payment of customs duty are made, the goods can be moved out. The custodian releases the goods from CFS by issuing them a gate pass. However, the shipping lines themselves choose the CFS of their choice with whom they have a tie up and intimate to the Customs Authorities that there is no say .....

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..... adeep S. Jetly, Ms. Ridhi Nyati i/b Ashwin Shanker, for Respondent ORDER P. C. This Writ Petition under Article 226 of the Constitution of India seeks a writ of mandamus or any other appropriate writ, order or direction directing Respondent No.2, its subordinates, servants, agents and officers reporting at the Jawaharlal Nehru Customs House, Nhava Sheva to unconditionally implement and enforce what is styled as Facility Notice No.69 of 2011. 2 We have heard Ms. Jain, learned counsel appearing on behalf of the Petitioner, Mr. Jetly appearing for Respondent Nos.1 to 3 and Mr. Kantawala, appearing for Respondent Nos. 4,5, 6 and 7. 3 The Petitioner states that the importer like the Petitioner is facing immense difficulties. De .....

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..... n be moved out. The custodian releases the goods from CFS by issuing them a gate pass. However, the shipping lines themselves choose the CFS of their choice with whom they have a tie up and intimate to the Customs Authorities that there is no say from the importers. It is therefore apparent that the CFS operators near several ports may be paying a nomination premium to shipping lines to get business and have been recovering the money from the importers making the import costlier. 6 These and other difficulties are highlighted and it is stated that even after issuance of this Facility Notice, several importers from Mumbai approached the customs authorities. They brought to their notice the practical difficulties and frustration of their r .....

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