https://www.taxtmi.com/caselaws?id=345865 Regulation 6(1) of the Handling of Cargo in Customs Areas Regulations, 2009 cannot override the Major Port Trusts Act, 1963, because a major port authority's power to levy and recover demurrage is preserved by that statute and by section 160(9) of the Customs Act, 1962. Relief from such charges must be sought from the Port Trust under section 53 of the Major Port Trusts Act, not by judicial direction under the 2009 Regulations. Demurrage and detention charges also could not be shifted to the DRI or Customs Authorities, since liability ordinarily remains with the importer and transfer to Customs requires clear proof of mala fide or grossly abusive conduct, which was not established. en-us Thu, 27 Jul 2017 00:00:00 +0530 Wed, 29 Jun 2022 16:34:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=345865 Regulation 6(1) of the Handling of Cargo in Customs Areas Regulations, 2009 cannot override the Major Port Trusts Act, 1963, because a major port authority's power to levy and recover demurrage is preserved by that statute and by section 160(9) of the Customs Act, 1962. Relief from such charges must be sought from the Port Trust under section 53 of the Major Port Trusts Act, not by judicial direction under the 2009 Regulations. Demurrage and detention charges also could not be shifted to the DRI or Customs Authorities, since liability ordinarily remains with the importer and transfer to Customs requires clear proof of mala fide or grossly abusive conduct, which was not established. Case-Laws Customs Thu, 27 Jul 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=345865