2015 (6) TMI 859

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....er Bills of Entry ["Bs/E"] dated 5-8-98, 10-2-99, 20-9-99 and 11-10-99. The classification thereof was disputed by the Revenue, and was held against by the appellant by the Assistant Commissioner of Customs ("the AC"). However, the said decision was subsequently reversed by the Commissioner of Customs (Appeals) vide Order-in-Appeal dated 23-5-2000 which was upheld, in further, appeal, by the Hon'b....

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.... The appellant, therefore, applied to the AI for waiver of demurrage charges and consequent refund of the demurrage charges collected, from the appellant, by it, in accordance with Clause 1.2.3(h) of AI's policy in this regard. 6. The respondent Airport Authority of India considered the claim of waiver of demurrage but rejected the same giving certain reasons. The primary reason which....

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....clause 10.2.3(h) of the aforesaid policy which is applicable and that clause provides that if the importer succeeds in appeal, no demurrage charges would be payable. 9. Since the plea of the appellant was not accepted, the appellant approached the High Court of Bombay by way of writ petition filed under Art. 226 of the Constitution. The said writ petition was dismissed relying upon its ear....