2000 (10) TMI 620 - AT - Customs

Summary

Issues:
1. Appeal against revocation of Customs House Agents Licence.

Analysis:
The case involved an appeal against the revocation of a Customs House Agents (CHA) license held by Falcon Air Cargo & Travels Pvt. Ltd. The primary allegation was that an employee of the appellant had forged the validity of his Identity Card to appear in an examination under Regulation 20. The employee admitted to changing the validity of the card and the appellant company was aware of this. The Commissioner held that the CHA should have been aware of the validity issue and should not have recommended the employee for the examination. Additionally, there was a separate inquiry into inflating the value in the shipping bill, which also led to violations of regulations prohibiting transferring the license to unauthorized persons.

The appellant's counsel argued that the Commissioner did not provide detailed reasons for rejecting the Inquiry Officer's report and that the submissions made by the appellant were not adequately addressed. They also contended that the Commissioner failed to consider various legal submissions and did not follow the procedure outlined in Regulation 23 of the Customs House Agents Regulation. The counsel cited precedents where revocation of a license was considered a severe punishment and argued for leniency based on the circumstances of the case.

On the other hand, the Departmental Representative argued that the CHA was directly responsible for the employee's forgery and for failing to ensure accurate documentation regarding the value of goods in the shipping bill. The DR maintained that the revocation of the license was justified based on these grounds.

The Tribunal upheld the revocation, noting that the CHA had assisted the employee in the forgery and had not verified the value of goods accurately in the shipping documents. They distinguished the case from precedents cited by the appellant, emphasizing the direct involvement of the CHA in the violations. The Tribunal found no reason to interfere with the Commissioner's decision, upholding the revocation of the license and rejecting the appeal.

In conclusion, the Tribunal's decision affirmed the revocation of the CHA license based on the direct involvement of the CHA in the violations related to forgery and inaccurate documentation of goods' value in the shipping bill. The Tribunal found no grounds to overturn the Commissioner's decision and rejected the appellant's appeal.