2011 (3) TMI 98 - AT - Customs

CHA licence - Revocation arises as a result of violation by theCHA of clauses (a), (d) and (e) of Regulation 13 of CHALR, 2004 - The CHA has been out of business since July, 2010, when the revocation order was passed, we reduce the period of revocation of licence from two years to one year from the date of issue of the impugned order ie., one year from 09.07.2010 - Forfeiture of ₹ 25,000/- furnished in the form of fixed deposit in connection with the CHA licence- The appeal is disposed.

Summary

Issues Involved: Revocation of Customs House Agent (CHA) license under Regulation 13 of CHALR, 2004.

Detailed Analysis:

1. Revocation of CHA License: The Commissioner of Customs revoked the CHA license of the appellants for two years due to violations of Regulation 13 of CHALR, 2004. The violations included failure to obtain written authorization from the exporter, not advising clients to comply with customs provisions, and facilitating the export of misdeclared cargo. The penalty imposed on the CHA was not challenged, indicating tacit acceptance of the violation. The revocation was deemed justified based on these findings.

2. Regulation 13 Violations: Regulation 13(a) requires obtaining authorization from the exporter, which was not done in this case. Regulation 13(d) mandates advising clients to comply with customs provisions, which the CHA failed to do. Additionally, Regulation 13(e) necessitates exercising due diligence to ensure the accuracy of information provided to clients, which the CHA did not adhere to, leading to the facilitation of misdeclared cargo.

3. Reduction of Revocation Period: Despite upholding the revocation of the CHA license, the Tribunal considered the circumstances and reduced the revocation period from two years to one year, taking into account that the CHA had been out of business since the initial revocation order in July 2010.

4. Forfeiture of Deposit: The Tribunal found no reason to interfere with the forfeiture of Rs.25,000/- furnished as a fixed deposit in connection with the CHA license.

5. Disposition of Appeal: The appeal was disposed of with the decision to uphold the revocation of the CHA license for one year from the date of the impugned order, while maintaining the forfeiture of the fixed deposit.

6. Conclusion: The judgment highlights the importance of CHAs complying with regulations to ensure the integrity of customs processes. Despite a reduction in the revocation period, the consequences of violating CHA regulations were upheld to maintain accountability in customs operations.

This detailed analysis provides a comprehensive overview of the issues involved in the legal judgment concerning the revocation of a CHA license under Regulation 13 of CHALR, 2004, as decided by the Appellate Tribunal CESTAT, CHENNAI.