Handling of Cargo in Customs Areas Regulations, 2009 › Handling of Cargo in Customs Areas Regulations, 2009
Regulation 4. Retrospective Application
Handling of Cargo in Customs Areas Regulations, 2009
Official text
Regulation 4. Retrospective Application. — Any action taken or anything done in respect of appointment of Customs Cargo Service providers, immediately preceding the coming into force of these regulations, shall be deemed to have been done under the corresponding provisions of these regulations. Customs Cargo Service providers already approved on or before the date of coming into force of these regulations shall comply with the conditions of these regulations within a period of three months or such period not exceeding a period of one year as the Principal Commissioner of Customs or Commissioner of Customs, as the case may be may allow from the date of coming into force of these Regulations.
Judgments on Regulation 4
- M/S.Sun Global Logistics Pvt. Ltd vs Union Of India — Madras High Court, 2 Jun 2021. Cost Recovery Charges cannot be levied or collected from a Customs Cargo Service Provider in the absence of a notification/Government order specifying the rates under the Handling of Cargo in Customs Areas Regulations,…
- Goodearth Maritime Limited vs Kandla — CESTAT, 12 Mar 2020. Cost recovery charges from a custodian under Regulation 5(2) of the Handling of Cargo in Customs Areas Regulations, 2009 are unsustainable in law because customs clearance is a sovereign function, no special service or…