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A114 EXCISE LAW TIMES [ Vol. 372

tion or remission of demurrage, ground rent beyond allowed free period, penal
anchorage/berth hire charges and any other performance-related penalties that
may be levied on port activities for the reasons attributable to lockdown
measures. On the same day, the DGS advised shipping companies or carriers
(and their agents by whatever named called) to pass on the benefits extended by
the ports to non-containerised (i.e. bulk, break-bulk, and liquid) cargo also.
However, some shipping lines or their agents did not feel bound by the adviso-
ries, leading to complaints from the importers and exporters.
Last week, the DGS issued a binding order that the shipping companies
or carriers (and their agents by whatever name called) shall not charge, levy or
recover any penal charges, demurrage, ground rent, storage charges in the port,
detention charges, dwell time charges, additional anchorage charges, penal berth
hire charges, vessel demurrage or any performance related penalties on cargo
owners/consignees of containerised or non-containerised cargo, whether LCL or
not till May 3 due to delay in berthing, loading/unloading operations or evacua-
tion/arrival of cargo. Major ports also must remit penal charges, demurrages,
detention charges, dwell time charges, anchorage charges, penal berth hire
charges, performance relate penalties, etc. levied on the port users, including the
shipping lines. Hopefully, these instructions will be extended to minor ports,
inland container depots, and container freight stations also.
The Central Board of Indirect Taxes and Customs (C.B.I. & C.) has al-
ready extended the facility of automated clearance of Bills of Entry (BoE) to all
Customs formations where the Customs EDI system is operational, with effect
from March 5. Now, the C.B.I. & C. has enabled electronic communication of
PDF-based Final e-OoC (electronic Out of Charge) copy of BoE and e-Gatepass to
the importers/Customs brokers. The final e-OoC copy of BoE and e-Gatepass
copy will be e-mailed to the concerned Customs broker and/or importer, if regis-
tered, once the Out of Charge is granted. The e-Gatepass copy will be used by the
gate officer or the custodian to allow physical exit of the imported goods from
the Customs area.
The C.B.I. & C. has also instructed that the import consignments, where a
preferential treatment of goods under a Free Trade Agreement has been claimed
but the original hard copy of Certificate of Origin (CoO) has not been submitted
or only digitally signed copy or unsigned copy of CoO is submitted, may be as-
sessed and cleared provisionally in terms of Section 18 of the Customs Act, 1962.
The final assessment may be done subsequently on submission of the original
CoO document by the importer. The temporary facility of submitting undertak-
ing in lieu of bond has now been extended till May 15. The instructions regard-
ing electronic sealing for deposit in and removal of goods from bonded ware-
houses has been deferred till the beginning of July.
[Source : T.N.C. Rajagopalan in Business Standard, New Delhi, dated
27-4-2020]
Judges from Delhi, Chennai hear cases jointly video-
conferencing call
While video-conferencing became the preferred mode of hearing cases
by Courts across India during the lockdown, Delhi High Court set an interesting
precedent.

EXCISE LAW TIMES  1st May 2020  56