TMI Blog2000 (11) TMI 144X X X X Extracts X X X X X X X X Extracts X X X X ..... cts and circumstances of the case, the Tribunal is correct in ordering that the appellant should conduct the business by himself and not through any power of attorney holder and whether the same is contrary to the Licencing Regulations (9) of CHLR, 1984? In C/Ref/28/97 :- Whether, in the facts and circumstances of the case, the order of the Tribunal to the effect that on further deposit of Rs. 25,000/- the licence of the respondent shall stand renewed with effect from 1-1-1997, is legal and proper? 2.The Applicant was a holder of Regular Customs House Agent Licence herein called "CHAL" issued by Madras Customs under Regulation 10(2) of Customs House Agents Licensing Regulation (CHALR) 1984, herein-after called as 'Regulations'. The Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly on coming to know of the above-said incident, the CHA licence for the Applicant was suspended on 3-10-1994 and a show cause notice was issued on 23-8-1995. The Applicant filed his provisional reply dated 29-5-1995 and full fledged replies dated 25-5-1995 and 7-8-1995 along with certain annexures. An enquiry was held by the Assistant Commissioner of Customs on 10-10-1995. The Applicant appeared before the Enquiry Officer and also made his submissions. The Enquiry Officer submitted his report dated nil holding that the CHA grossly violated the obligations case upon it under Regulations 14(a), (d), (e), (1) and 20(7) of CHALR, 1984 and thereby the char-ged levelled against him in the Show Cause Notice was fully sustainable. The Report of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he subsequent termination of service of the said Sukumaran as well as the fact that in the last thirty years, the CHA, has not committed any omission and also the fact that his daughter has passed necessary examination qualifying to be a Customs House Agent on sympathetic consideration of the position of the Proprietor of the Applicant, while confirming the forfeiture security deposit of Rs. 25,000/- held that the suspension order of licence No. R359/CHA to be restricted up to 1-1-1997 and on depositing further sum of Rs. 25,000/-, the licence would stand renewed with effect from 1-1-1997. The Tribunal also directed that the Applicant should conduct the business personally in future and not to appoint any Power of Attorney Holder and that h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act and in case of non-compliance, shall bring the matter to the notice of the Assistant Collector of Customs; that he should exercise due diligence to ascertain the correctness of any information which he imparts to a client with reference to any work related to clearance of cargo or baggage; that he should not refuse access to, conceal, remove or destroy the whole or any part of any book, paper or other record, relating to his transactions as a Customs House Agent which is sought or may be sought by the Collector; that he should ensure that all documents prepared or presented by him or on his behalf are strictly in accordance with orders relating thereto". 8.Under Regulation 20, it was permissible for a licensee having regard to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... himself from any misuse. It only disclose that the Applicant instead of discharging his functions as a Customs House Agent in accordance with the Regulations, in fragrant violation of those Regulations went to the extent of encashing the facilities made available to him as a CHA by selling it for a price which action of the Applicant can never be condoned. The very purpose of granting a licence to a person to act as Custom House Agent is for transacting any business relating to the entry or departure of conveyance or the import or export of goods at any customs station. For that purpose, under Regulation 9 necessary examination is conducted to test the capability of the person in the matter of preparation of various documents, determinatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the goods. In such circumstances, great confidence is reposed in a Custom House Agent. Any misuse of such position by the Custom House Agent will have far reaching consequences in the transaction of business by the Custom House officials. Therefore when the Applicant who had thirty years of experience as Custom House Agent, when he paved the way for his Power of Attorney to indulge in serious malpractices which ultimately resulted in loss of revenue to the Custom House to the extent of more than 80 lakhs, there is every justification in the respondents in treating the action of the applicant as detrimental to the interest of the nation and pass the final order of revoking his licence. As far as the allegations levelled against the Appli ..... X X X X Extracts X X X X X X X X Extracts X X X X
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