2024 (7) TMI 1470

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....ustoms<br>K.R. SHRIRAM & JITENDRA JAIN, JJ. For the Petitioner : Mr. Prathamesh Kamat a/w Mr. Malhar Zatakia, Mr. Shiv Iyer, Ms. Ankita Sen and Ms. Aditi Maheshwari i/by Renata Partners. For the Respondent : Mr. Jitendra Mishra a/w Mr. Rupesh Dubey nos. 1 & 2 in WP/2914/2021 and WP/2952/2021 and for respondent nos. 1 to 3 in WP/3081/2021 and WP/2938/2021. P.C. : 1. Respondent no.3 in W....

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....nuary 2020 (in Writ Petition No. 2914 of 2020 and Writ Petition No. 2952 of 2020) and 11 of 2020 dated 17th January 2020 (in Writ Petition No. 2938 of 2021 and Writ Petition No. 3081 of 2021) issued by the Commissioner of Customs (NS-II), Jawaharlal Nehru Custom House, by which certain directions regarding payment of 'Terminal Handling Charges' (THC) levied by Port Terminals has been issued. All t....

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.... 8. In view of above, (a) petitioners are agreeable to the Impugned Public Notices No. 14 of 2020 dated 28th January 2020 (in Writ Petition No. 2914 of 2020 and Writ Petition No. 2952 of 2020) and 11 of 2020 dated 17th January 2020 (in Writ Petition No. 2938 of 2021 and Writ Petition No.3081 of 2021) being read subject to the contracts between the Shipping lines and exporter/importer. T....

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.... 28th January 2020 and 11 of 2020 dated 17th January 2020 are mandatory and are not concerned with contracts (such as CY/CY, LILO, FIFO), are contrary to the stand take by the notice issuing respondents as set out above. Therefore, the said communications dated 15th February 2020, 27th February 2020 and 28th February 2020 are liable to be and are hereby set aside. (c) The judgments of bot....