Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Customs Act--Section 45 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Customs Act--Section 45--Levy of demurrage-Import of goods- Detention for clearance- Goods detained or seized by Customs department-Detention certificate issued by Customs Authorities-Whether any demurrage could have been charged for the period detention certificate was issued-Held, yes.The respondents had imported goods by air and filed bills of entry with the Customs authorities. The Customs authorities detained the goods and passed an order enhancing the value of the goods. In appeal, the Custom, Excise and Gold (Control) Appellate Tribunal quashed the order of the Additional Collector; the goods were released and the Collector of Customs issued detention certificates for the periods of the detention stating that the detention was due to pendency of adjudicatlon proceedings. The respondents thereupon applied to the Authority for waiver of demurrage charges for the periods covered by the detention certificates. However, the appellants Instead of treating entire period as free period determined the liability of the respondent in accordance with Rate Schedule framed by them for the periods for which the detention certificates had been issued. The respondents filed writ petitions challenging the requirement to pay demurrage for the periods for which the detention certificates bad been issued. The High Court, while allowing the petitions held that Airport Authority and the Central Warehousing Corporation being custodian of the Customs Department, the Authority was not entitled to recover any amount on account of demurrage charges for the periods for which detention certificates bad been issued. These appeals had been filed against the Judgment and orders of the High Court directing the appellant to release the goods imported by the respondents without charging any demurrage thereon for the periods for which detention certificates had been Issued by the Collector of Customs.The appellant urged that the power to levy demurrage by the inter-national Airport Authority of India is derived from the International Airport Authority Act, 1971, it could not be regulated or controlled by any order statute; that the Customs Authorities could neither levy demurrage no waive it, therefore, the Detention Certificate could not compel the appellants to treat the entire period during which the goods remained in their custody to be free period and that the rate schedule for demurrage having been made in exercise of statutory power and the appellants have been granted waiver to the extent of 80% under the Policy framed by the IAAI, the respondents were not entitled to any relief. |
Judge | Hon'ble Mr. Justice R.M. Sahai |
Neutral Citation | 1995 INSC 120 |
Petitioner | International Airports Authority Of India Etc. |
Respondent | M/s Grand Slam International And Ors. Etc. Etc. |
SCR | [1995] 2 S.C.R. 149 |
Judgement Date | 1995-02-21 |
Case Number | 798 |
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