Calcutta High Court (Appellete Side)
Apeejay Infra-Logistics Private ... vs Union Of India & Ors on 22 December, 2020
Author: Shekhar B. Saraf
Bench: Shekhar B. Saraf
S/L 19 22.12.2020
Court No.26 SD WPA 10583 of 2020 (Via Video Conference) Apeejay Infra-logistics Private Limited & Anr.
Vs. Union of India & Ors.
Dr. Samir Chakraborty Mr. Pranit Bag Mr. Biswajit Kumar Mr. Debayan Sen ... for the Petitioners.
Mr. R. Kundalia ... for the Union of India.
Mr. Bhaskar Prasad Banerjee Mr. Tapan Bhanja ... for the Customs Authority.
This is an application under Article 226 of the Constitution of India wherein the writ petitioner is assailing the notices of demand on account of cost recovery charges made by the Principal Commissioner of Customs (Port).
Dr. Samir Chakraborty, learned Senior Advocate appearing on behalf of the petitioners, submits that these demands are being without the sanction of the competent authority.
Mr. Bhaskar Prasad Banerjee, counsel appearing on behalf of the Customs, submits that these demand notices have been issued for various periods starting from 2016 and culminated in demand notice dated November 10, 2020 (Annexure-P/14).
2He submits that it is the obligation of Container Freight Station (hereinafter referred to as 'CFS') to make payments of the Customs Officers posted by the Commissioner of Customs on cost recovery basis as per the Regulation 6(o) of the Handling of Cargo in Customs Areas Regulations, 2009.
It is to be noted that by an order dated August 12, 2020, the petitioners had been restrained from dealing with cargo due to non-payment of the cost recovery charges.
On a suggestion made by this court as to whether the petitioners are willing to make payment as per the demand notices on the condition that they be allowed to operate their business, Dr. Chakraborty has submitted that such is not possible as the entire demand is void ab initio.
In light of the same, no interim order can be passed at this stage.
Parties are directed to exchange affidavits. Accordingly, let affidavit-in-opposition be filed within a period of four weeks; reply thereto, if any, filed one week thereafter.
Liberty is given to the petitioners to mention the matter for inclusion in the list upon completion of affidavits.
(Shekhar B. Saraf, J.)