9911796707
TMI Blog2000 (10) TMI 620X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 20 held on 8-9-1995 on the strength of photo copy of his Identity Card No. 22/91 after forging the validity on the photo copy from 1/95 to 1/96 whereas the said Identity Card which was valid only upto 1/95 and had already been surrendered to the Department. Shri Kanshi Ram Rana who was the concerned employee admitted that he had in fact changed the validity of the Identity Card from 1/95 to 1/96 so that he could appear in the examination. He also admitted that he had changed the date of validity to gain entry into the International Airport. He also admitted that M/s. Falcon Air Cargo Travels Pvt. Ltd. were aware that he was not in possession of a valid H Identity card upto Jan 96 and that the application to appear in the examinatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant. He submits that various issues were raised before the Commissioner which were not dealt with by him. Ld. Counsel submits that in the second case the Inquiry Officer had substantially exonerated the appellants; that the ld. Commissioner failed to deal with the various submissions made by the appellants during the course of proceedings before the Inquiry Officer and before the ld. Commissioner. 4. Ld. Counsel also submits that ld. Commissioner failed to take into consideration the two facts in both the cases; that various legal submissions made by the appellant during the course of proceedings were not considered. Ld. Counsel submits that Regulation 23 of the Customs House Agents Regulation provides for a detailed procedure; that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bar existing, it cannot be held that the appellants acted in a way unbecoming of the CHA. While deciding this point against the appellants, an observation is made that there was a change in constitution and that was not reported as contemplated in Regulation 16. The said Regulation however refers to change in constitution of the firm, meaning that if there is a change in partnership, or conversion of a proprietory firm into partnership or vice-versa. That does not mean that if the licenced CHA also undertake some allied business he has to notify the same. Had there been a specific bar in CHA undertaking any other occupation, the allegation would have assumed importance and with admission on their part, could tantamount to an act of miscond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exporter and properly and accurately recorded in the shipping documents Customs House Agent in the instant case did not do so. Ld. DR, therefore, submits that the revocation of the licence was justified. 7. We have heard the submissions made by the ld. Counsel for the appellant as also the ld. DR. We have also perused the case law cited by the appellant. We note in the instant case that the Customs House Agent had helped in appearing in the examination his employee, we find that the original H card was submitted to the Customs authorities by the Customs House Agent and only a zerox copy was available. Thus recommending his application when the employee was not eligible to appear in the examination clearly shows the mind of the Customs ..... X X X X Extracts X X X X X X X X Extracts X X X X
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