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Customs - Highlights / Catch Notes

Home Highlights March 2024 Year 2024 This

Levy of Merchant Overtime Fee - the High Court ruled in favor of ...


Court Overturns MOT Charges, Emphasizes 24/7 Customs Officer Mandate and Adherence to Natural Justice Principles.

March 19, 2024

Case Laws     Customs     HC

Levy of Merchant Overtime Fee - the High Court ruled in favor of the appellant, overturning the Tribunal's decision to levy MOT charges for utilizing the services of Central Excise Officers during office hours. The court emphasized the importance of adhering to binding precedents, liberal interpretation of circulars, and adherence to procedural guidelines outlined in CBEC Manuals. They also highlighted the significance of considering the 24/7 mandate for Customs Officers and avoiding the imposition of unnecessary transaction costs and paperwork. Additionally, the court underscored the Principles of Natural Justice and the necessity of considering all relevant judicial pronouncements in such matters.

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