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TMI Blog2001 (2) TMI 395X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to the appellant on 18-1-2000 alleging that he had contravened the provisions of Regulations 13 and 14(b) of CHA License Regulations, 1984. It was alleged that the CHA had filed a number of shipping bills on behalf of the different exporters during the months of April, 1999 to June, 1999. It was alleged that in exercise of powers conferred under Regulation 25 of the CHA Licence Regulations, 1984, the Commissioner of Customs had notified the rates that may be charged by the CHA for his services rendered in relation to clearance of goods; that under Regulation 14 of CHA Licence Regulations, 1984 it is obligatory on the part of the CHA not to charge for his services in excess of rates approved by the Commissioner of Customs; that scrutiny o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rietor of CHA company stated that he was an old man and did not want to take a lot of burden on him, therefore requested M/s. S.A. Enterprises (his son s company) who was full fledged agent for all shipments and allied jobs to be done on his behalf. The Commissioner, therefore, observed that if the report of the Inquiry Officer read with the statement of the appellant were taken, the licence had been transferred to M/s. S.A. Enterprises. The Commissioner therefore revoked the licence under Regulation 23 of the CHA Licence Regulations, 1984. 4. Arguing the case for the appellant, Shri Bipin Garg, ld. Advocate, submits that there was no evidence brought on records that the licence has been transferred. He submits that the only evidence avai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Regulation 10 shall be valid for a period of five years but may be renewed from time to time in accordance with the procedure provided under sub-regulation (2). Ld. JDR, submits that sub-clause (b) of clause (2) of Regulation 12, inter alia, stipulated that Absence of instances of delay either in the clearance of goods or in the payment of duty for any reason attributable to such licensee and any complaints of mis-conduct including non-compliance of any of the obligation specified in Regulation 14, the Commissioner may renew the licence if the performance of the licensee found to be satisfactory with reference to the above. 7. Ld. DR submits that pursuant to this obligation under Regulation 12 an inquiry was conducted and it was found ..... X X X X Extracts X X X X X X X X Extracts X X X X
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