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2018 (11) TMI 1307

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....OURT - 2018 (18) G. S. T. L. 623 (Mad.)<br>MADRAS HIGH COURT - HC<br>Dated:- 18-6-2018<br>W. P(MD)Nos. 19949, 19950 and 19951 of 2017 and W. M. P. (MD) Nos. 16218, 16219 and 16220 of 2017 - -<br>Customs<br>MR M. GOVINDARAJ, J. For The Petitioner : Mr. Murugan for M/s. T. Sakthikumaran For The Respondent : Mr. C. Nandagopal Central Government Counsel, Mr. B. Vijay Karthikeyan And Mr. P. Muthu Vij....

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....he fifth respondent Container Freight Station. 3. When the matter stood thus, the Cargo, which was seized was confiscated by the respondents 2 to 4. However, the petitioner sought for release of their empty container after de-stuffing the cargo. 4. The fifth respondent refused to release the container on the ground that the demurrage for the period in which it was kept in the Container Frieght S....

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.... goods and the container hirer has nothing to do with the same. Once import or export is complete, he is entitled to get back the empty container along with the hire amount. In the instant case, container was confiscated by the respondents 2 to 4. Once confiscation process is over, the container owner is entitled to get the empty container by de-stuffing the Cargo. 8. The contention of the learne....

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...., in W.P.(MD) Nos. 4358 and 4836 of 2015 dated 20.07.2016 in the case of M/s.Trans Asian Shipping Services (P) Ltd., Rep. by its Branch Manager Vs. C oncor Container Freight Station, Chennai 19 and4 others held that the containers were detained by the Department for investigation and have been kept in the respective container freight stations, the Customs Department/Directorate of Revenue Intellig....