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Rent payable after eAuction by customs department
08-Aug-2023 (In Customs & Central Excise Law)
We've leased our warehouse to a handling agent in Tuticorin. A transit cargo was stored and the importer has not turned up to clear the goods. Rental Agreement was with the CHA. They paid rent for 1 year and defaulted rent till date. It has been 6 years and we have filed a writ in madurai against customs to auction or abandon the material. The material is about to get auctioned. Will the Duty be paid on declared value or auction value ? Who is liable to pay the rent Customs/Buyer/CHA ? from the order date to auction as there was inordinate delay of 2 yrs, Can we claim rent from customs ?
Do you have rent agreement. Have you kept the KYC of the tenant and got the police verification completed. In any case, we believe that you have not executed any document of customs nor referred to as party in the customs documents and have nothing to do with the cargo.
If you have complied with all these requirements you cannot be held liable for customs duty or penalty on the other hand you can seek eviction against the tenant from the Hon'ble Court
If you have complied with all these requirements you cannot be held liable for customs duty or penalty on the other hand you can seek eviction against the tenant from the Hon'ble Court
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Adv. Sumit Sarna
Delhi | 25+ Answers
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