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Madras High CourtWP/23693/2014disposed of

Sun Global Logistics Pvt. Ltd. v. Union Of India,

2022-06-07Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2022

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.NO.23693 OF 2014 & M.P.NO.1 OF 2014 Sun Global Logistics Pvt. Ltd.

Rep. by its Managing Director Shri R.Sunder Survey No.742 North Avenue Road SIPCOT Irungattukottai Sriperumbudur- 602 105.

... Petitioner Vs.

1. Union of India Rep. by the Secretary Ministry of Finance Department of Revenue Government of India North Block New Delhi-110001.

2. Central Board of Excise &Customs North Block New Delhi-110001.

3. Commissioner of Customs (Sea Export) Custom House No.60 Rajaji Salai Chennai - 600 001.

4. Deputy Commissioner of Customs (Enquiry) Custom House No.60 Rajaji Salai Chennai-600 001.

5. Assistant Commissioner of Customs (Docks-Admn) Custom House No.60 Rajaji Salai Chennai -600 001.

...Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the order dated 18-Aug-2014 of the 5th respondent bearing F.No. S.Misc/117/2011-Docks.

For Petitioner :

Mr.P.R.Renganath For Respondents :

Mrs.Hema Muralikrishnan Senior Standing Counsel

ORDER

Both Mr.P.R.Reganath, learned counsel for the petitioner and Mrs.Hema Muralikrishnan, learned Senior Standing Counsel for the respondents concur on the position that the issue arising in this writ petition stands decided in a batch of writ petitions in W.P.Nos.7937, 7938 & 8248 of 2013, order dated 02.06.2021.

2. In brief, the issue relates to cost recovery charges imposed upon Container Freight Stations (in short 'CFS'). Though the petitioner, admittedly, has achieved the benchmark for exemption from payment of cost of recovery charges and is entitled to waiver of the same in terms of the guidelines of the Central Board of Excise and Customs in BMP No.05 of 2015 (meeting dated 18.06.2015), the fact remains that such waiver has, admittedly, not been granted. Directions have been issued in the aforesaid order to the Jurisdictional Commissioner/Chief Commissioner to regularize the case of CFS's, identically placed to the petitioner before me, and grant waiver as sought for, with effect from date of achievement of the benchmarks.

3. In the present case, both learned counsel agree that the date of achievement of the benchmark is on 05.08.2010. Thus, the petitioner is entitled to the waiver as sought for, with effect from 05.08.2010.

4. This writ petition stands disposed as above. Connected miscellaneous petition is closed. No Costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar nst To 1.

Union of India Rep. by the Secretary Ministry of Finance Department of Revenue Government of India North Block, New Delhi-110001.

2.

The Central Board of Excise &Customs North Block New Delhi-110001.

3.

The Commissioner of Customs (Sea Export) Custom House No.60 Rajaji Salai Chennai - 600 001.

4.

The Deputy Commissioner of Customs (Enquiry) Custom House No.60 Rajaji Salai Chennai-600 001.

5.

The Assistant Commissioner of Customs (Docks-Admn) Custom House No.60 Rajaji Salai Chennai -600 001.

+1cc to M/s.N.Murali, Advocate, S.R.No.32635 +1cc to M/s.Hema Muralikrishnan, Advocate, S.R.No.32691 W.P.No.23693 of 2014 & M.P.No.1 of 2014 RGN(CO) RLP(21/06/2022)