CONCOR's Policy On Waiver of Terminal Service Charges
An Advice on CONCOR's Policy on Waiver of Terminal Service Charges
The following position of CONCOR's may please be kept in view by the Trade (Exim and Domestic), while making requests for waiver of Terminal Service Charge(TSC) in any CONCOR-run container terminal.
- Grant of waiver on TSC cannot be claimed as a matter of right by the customer, as it falls within the discretionary powers to be exercised by the competent authority.
- Every request for waiver of TSC will be dealt with appropriately, depending on the merit of the case. Ordinarily, no waiver on Terminal Services Charges will be granted.
- Normally request for waiver of TSC should be made only after the Shipper has obtained from Customs the 'Out of Charge' Certificate(COOC). In case the customer is not satisfied with the waiver granted at terminal/regional level, he may make an appeal to a higher authority at Corporate Office level, such a request will be entertained only if the customer has taken delivery of the consignment after paying all necessary dues.
- Applications for waiver of TSC must be submitted not later than three months from date of delivery. Any delay in this regard, can be condoned only by the Functional Director.
- An appeal against the decision of rejection of an application for waiver can be made to the next higher authority than the deciding authority. Such appeal should be filed within one month of communication of the decision.
- CONCOR is not under any obligation to grant waiver, even if "Detention Certificate" issued by customs authorities, is submitted, in cases, where accrual of ground rent is due to excessive time taken by customs authorities in examining and clearing the cargo. In case cargo is sent for laboratory testing, no waiver will normally be granted if the results of the test are not in favour of the importer.
- No request for waiver will be entertained in cases where any fine/penalty/personal penalty/warning has been imposed by Customs authorities or delay arose by reason of dispute in the assessable value.
- In cases where TSC is waived in full or in part, no TSC will be charged for the processing period(provided, COOC has been obtained before making the request). Further, in case where request for a waiver is turned down, the processing period beyond ten(10) working days will be treated as free period for which no TSC will be charged.
- A reasonable free time for taking delivery of the consignment will be allowed, in case waiver has been granted in part or in full.