TaxTMI 
TaxTMI 
2016 (12) TMI 520
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....a i/b Brijesh Pathak, Mr. Pradeep S. Jetly, Ms. Ridhi Nyati i/b Ashwin Shanker, for Respondent ORDER P. C. This Writ Petition under Article 226 of the Constitution of India seeks a writ of mandamus or any other appropriate writ, order or direction directing Respondent No.2, its subordinates, servants, agents and officers reporting at the Jawaharlal Nehru Customs House, Nhava Sheva to unco....
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....ke their goods to a Container Freight Station (CFS for short) of their choice provided such intimation is given to the shipping lines 72 hours prior to the arrival of the vessel. However, even after issuance of the Facility Notice by the 2nd Respondent, the shipping lines are not complying with the instructions. The Petitioner has set out as to how the Facility Notice came to be issued. It is stat....
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.... choose the CFS of their choice with whom they have a tie up and intimate to the Customs Authorities that there is no say from the importers. It is therefore apparent that the CFS operators near several ports may be paying a nomination premium to shipping lines to get business and have been recovering the money from the importers making the import costlier. 6 These and other difficulties are hi....
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....ances of importers like the Petitioner even now. It is high-time that either the customs authority evolves a procedure by itself and infurtherance of the Facility Notice or takes back the Facility Notice itself. 9 We clarified to the learned counsel appearing for the Petitioner that given the relationship between the Petitioner and shipping lines it is not possible to resolve contractual issues....