9911796707
TMI Blog2006 (12) TMI 406X X X X Extracts X X X X X X X X Extracts X X X X ..... opy produced by the appellant is without any date and there is no evidence that it was procured before taking up the business of the exporters in question. On the other hand the appellants contend that the same was recovered by the DRI but could not show any panchnama to that effect. Thus, we find that the licence has been suspended for the last two years and has now been revoked permanently. We consider it too harsh a punishment as it deprive the CHA of his livelihood. We consider that revocation for a period of three years from the date of suspension of licence (i.e. 1-3-2004) would be sufficient and on expiry of three years licence may be restored on taking fresh security deposit as we confirm the order of the Commissioner in forfeit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls no. the racketeers used the service of the appellant who has allowed use of CHA licence to certain unauthorized person for monetary consideration, either per shipping bills basis or monthly rent basis. 3. The appellants licence was suspended on 1-3-2004, pending enquiry. Thereafter an enquiry, was conducted and the enquiry officer submitted his report on 25-10-2005 and thereafter the impugned order came to be passed revoking the appellants licence and forfeiting the entire security deposit. All the articles of charges were held established against the CHA. All the charges were based on the fact that the appellant had allowed their licence to be used by one Shri Vipul Shah of M/s. H.M. Shah for monetary consideration of Rs. 4,500/- pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cate state that it was submitted but was not taken note of and invited attention to the authorization letter enclosed as Annexure B to the Memorandum of the appeal. When pointed out that the authorization is without any date and there is no evidence that the same was in existence at the time of filing the shipping bill, the learned advocate submitted that the authorization was found by the DRI officers at the time of search of CHA premises but when he was asked to produce the panchnama showing the recovery of the authorization letter, he failed to do so saying that it was seized without any panchnama. Attention was also invited Tribunal s decision in the case of Krishan Kumar Sharma v. Commissioner of Customs, New Delhi - 2000 (122) E.L.T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is or a consignment basis which has resulted in fraudulent exports by his client whose credentials were not looked in to by the CHA. This cannot be considered as a mere commission agent being employed by the CHA. In fact no authorization from the customer in favour of the CHA is on record and the copy produced by the appellant is without any date and there is no evidence that it was procured before taking up the business of the exporters in question. On the other hand the appellants contend that the same was recovered by the DRI but could not show any panchnama to that effect. We find that the tribunal has in the case of Noble Agency held that the statement of defence witness that employer for whom he was working did not have CHA licence a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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