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    <title>1987 (12) TMI 42 - HIGH COURT OF DELHI AT NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=42157</link>
    <description>Where Customs detained imported goods because of a bona fide Import Trade Control dispute and issued a detention certificate, the custodian authority had to apply its waiver directives and could not refuse demurrage relief on that basis. The authority&#039;s discretion was therefore constrained by its own waiver regulations once the certificate showed detention for ITC formalities. The importers&#039; failure to seek transfer of the goods to a public or private warehouse under the Customs Act did not defeat the claim, because the warehousing option could not override entitlement arising under the governing directives. Demurrage waiver was accordingly required, and refusal to release the goods without waiver was set aside.</description>
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    <pubDate>Fri, 11 Dec 1987 00:00:00 +0530</pubDate>
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      <title>1987 (12) TMI 42 - HIGH COURT OF DELHI AT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=42157</link>
      <description>Where Customs detained imported goods because of a bona fide Import Trade Control dispute and issued a detention certificate, the custodian authority had to apply its waiver directives and could not refuse demurrage relief on that basis. The authority&#039;s discretion was therefore constrained by its own waiver regulations once the certificate showed detention for ITC formalities. The importers&#039; failure to seek transfer of the goods to a public or private warehouse under the Customs Act did not defeat the claim, because the warehousing option could not override entitlement arising under the governing directives. Demurrage waiver was accordingly required, and refusal to release the goods without waiver was set aside.</description>
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      <pubDate>Fri, 11 Dec 1987 00:00:00 +0530</pubDate>
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