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2016 (3) TMI 1034 - AT - CustomsSeeking modification of confirmation order - Continuation of suspension of Custom Broker licence in terms of Regulation 19(1) of the CBLR, 2013 - Violation of Regulations 11(a), 11(d) and 11(n) of CBLR, 2013 - Misdeclaration of packages of Jaipur Bench and Wooden Floor Lamps exported and and illegal export of red sander and sandal wood - Held that:- it is evident that the appellant was handling the consignment of the said exporter for the first time but had neither met the exporter nor verified its antecedents. It did not verify its permanent and present address. This constitutes serious violation of Regulation 11 of CBLR, 2013 on the part of the appellant. Nothing can possibly be a graver mis-conduct on the part of a CHA than to file Shipping Bill without making even preliminary enquiries about the genuineness of exporter in the name of which the S/B was filed. Such dereliction of duty on the part of a CHA, can potentially have even graver financial/security consequences. Thus the appellant totally failed to discharge its duties as CHA as laid down in Regulation 11 of CBLR 2013. Therefore, by applying the decision of Hon'ble High Court in the case of CC (General) versus Worldwide Cargo Movers [2006 (11) TMI 281 - BOMBAY HIGH COURT ], the Custom Broker licence continued to be suspended. - Decided against the petitioner
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