Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1963: ss.47A and 53 - Detention of goods of importers Major Port Trusts Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Major Port Trusts Act, 1963: ss.47A and 53 - Detention of goods of importers - By the Customs Department/l/ at the instance of Directorate of Revenue intelligence (DR!) - Demand of demur rage! detention charges by the Port Trust and Shipping Line - Demand challenged - Mala fide alleged against the officials of DR! - High Court held that the importers were not liable to pay demur-rage charges to the Port D trust nor were liable to pay the detention charges to the Shipping Line; that DRE/Customs authorities were liable to pay the detention charges and that Port Tnist was 1101 entitled to charge demurrage in view of Regulation 6(1) of 2009 Regulations - Port Trust was directed to waive the demurrage charges - On appeal, held: Mumbai Port Trust has the power and authority to levy rates including E demurrage as fl.red by Tiiriff Authority ui.f.47A - The right is not affected by the provisions of Customs Act or by the 2009 Regulations in view ofs. 160(9) of Customs Act -Even if the importer is not at fault, it is importer alone who is liable to pay the demurrage charges - Su fi1r as detention charges are concerned, it bdng a private contract between the importer and carrier (Shipping Line), importer F is liable to pay the same - DR!!Customs Authorities can be directed to pay detemionl demurrage charges on(v whe11 it has been proved that the action of DRE/Customs Authorities was mala fide - !11 the presellt case allegation of mala fide has not been proved - Even if importer feels that it has been 111y11stly dealt with, it must clear the G goodv by paying the due charges and then claim reimbursement from Customs Authority - The importers are free to approach the Port Trust in terms of s.53 - Customs Act, 1962 - s. 160(9) - Handlin |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2017 INSC 682 |
Petitioner | Mumbai Port Trust |
Respondent | Mis. Shri Lakshmi Steels And Ors. Etc. |
SCR | [2017] 11 S.C.R. 470 |
Judgement Date | 2017-07-27 |
Case Number | 9831-9832 |
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