https://www.taxtmi.com/caselaws?id=390074 Regulation 6(1)(l) of the Handling of Cargo in Customs Areas Regulations, 2009 was treated as subject to other law in force, so it did not override the statutory and contractual framework governing CELEBI's demurrage charges under the Airports Authority of India Act, the OMDA and the concession agreement. The Court held that Customs authorities could not compel waiver of demurrage absent a governing legal or contractual basis, and CELEBI could retain the goods until charges were paid. It further reaffirmed that demurrage is ordinarily payable by the importer, not the Customs authorities, unless the custodian itself is responsible for unconscionable delay or comparable abuse. en-us Fri, 20 Dec 2019 00:00:00 +0530 Mon, 30 Nov 2020 18:06:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=390074 Regulation 6(1)(l) of the Handling of Cargo in Customs Areas Regulations, 2009 was treated as subject to other law in force, so it did not override the statutory and contractual framework governing CELEBI's demurrage charges under the Airports Authority of India Act, the OMDA and the concession agreement. The Court held that Customs authorities could not compel waiver of demurrage absent a governing legal or contractual basis, and CELEBI could retain the goods until charges were paid. It further reaffirmed that demurrage is ordinarily payable by the importer, not the Customs authorities, unless the custodian itself is responsible for unconscionable delay or comparable abuse. Case-Laws Customs Fri, 20 Dec 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=390074