The statutory regulations have an overruling effect on the ...

Customs authorities' waiver certificate binds CFS & shipping lines. Demurrage/detention charges payable only if importer delays clearance.

Case Laws Customs

August 1, 2024

The statutory regulations have an overruling effect on the contract between parties. The demurrage/detention charges are payable only when goods are not cleared voluntarily or due to customs authorities' action/inaction. The waiver certificate issued by customs authorities is statutorily binding on CFS and shipping lines/agents. The writ petitions against CFS, CFA, and shipping lines/agents are maintainable as they are obliged to perform duties per the Customs Act and regulations. CFS need not be heard before granting waiver certificates. The 90-day clearance period under regulations is enforceable only if no detention by authorities. If goods are cleared in favor of importer, no charges can be demanded. The authorities are liable for delays beyond 60 days. Importers who succeeded are entitled to refund, and interest claims can be considered. Non-compliance with waiver certificates by CFS and carriers may lead to appropriate action per due process.

View Source

← Previous Next →

The statutory regulations have an overruling effect on the ...

Customs authorities' waiver certificate binds CFS & shipping lines. Demurrage/detention charges payable only if importer delays clearance.

Case Laws Customs

August 1, 2024

You may also like:

Seeking to grant leave to add the container freight station (CFS) and the Shipping Line as party respondents in the contempt petition - the order passed by this Court...

Detention cum demurrage waiver certificate - respondent No.4 i.e., the shipping line and its principal have taken the stand that they are not customs cargo services...

HC granted conditional leave to defend the suit to the Defendant on the issue of wrongful detention charges. The key question was whether a detention-cum-demurrage...

Levy of demurrage charges - the detention of the goods by the Customs Authorities was illegal and such illegal detention prevented the importer from releasing the goods....

Seeking waiver of the demurrage and detention charges - release the consignment - The respondent – Customs Authority has acted fairly by expressing that it is not going...

Rrelease of consignments - Toor whole - issuance of ‘Detention Certificate’ for waiver of Demurrage and Container Detention Charges in terms of Handling of Cargo in...

Illegal detention of imported goods - waiver of the dammurage charges - The order passed by the Customs Authority dated 25th March, 2022 is binding upon the respondent...

Seeking waiver (exemption) of cost recovery basis - whether the CFS has achieved the bench marking for waiver of cost recovery charges - the sanction of posts of customs...

Valuation - Demurrage charges - The goods were seized under the suspicion of being overvalued, and the appellant was coerced into accepting a lower value. - The entire...

Seeking waiver of demurrage charges in terms of Regulation 6(I) and 6(q) of Handling of Cargo in Customs Areas Regulations, 2009 - it is evident that the Customs...

Provisional release of goods - API supari - Even if customs authorities felt obliged with, or without, justification or authority, to protect domestic consumers of...

Waiver of demurrage charges - The period during confiscation, charges have been waived, therefore, for the remaining period the petitioner is duty bound to pay the duty...

Release of Consignments - imports of Pigeon Peas (Cajanus Cajan)/ Toor Dal (Toor Whole) - issuance of “Detention Certificate” for waiver of Demurrage and Container...

Issuance of Detention certificate - the shipping agency/the cargo custodian considers the request of petitioner for reduction or waiver of demurrage charges if...

Seeking return of bank guarantees furnished - with concern that the provisional clearance of the goods is pending consideration for over 2 and ½ years purportedly on the...

Quick Updates: