9911796707
TMI Blog2008 (9) TMI 683X X X X Extracts X X X X X X X X Extracts X X X X ..... certain importers wherein the goods declared as electronic components were found to be LCD Monitors, digital cameras, Ipods, mobile phones etc. and were accordingly seized having a total value of Rs. 6.95 Crores. During the course of investigation. Shri Vijay Sonu Golatkar, Director of M/s. Air Sea Clearing and Forwarding Pvt. Ltd. was arrested. Statement of Shri Vijay Sonu Golatkar and Shri Rajaram Rammurat Yadav were recorded under Section 108 of the Customs Act, 1962,. wherein Shri Vijay Sonu Golatkar, Director of CHA admitted that he did not receive authorisation letter from the importer nor did he meet the importers. Shri Vijay Sonu Golatkar further stated that one Shri Sandeep Pote joined his Company in June 2007. Shri Pote informe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... further misuse of the CHA Licence and he suspended the operation of the CHA Licence under Regulation 20(2) of the CHALR, 2004 vide order dated 2-4-08. 5. Ld. Advocate for the appellant submitted that the incident of detection of the alleged mis declaration of goods covered by the bill of entry filed in the name of appellant occurred on 7/8-2-2004 and the statement of the appellant was recorded on 8-2-08 and 15-2-08 whereas the appellant s licence was suspended by the ld. Commissioner on 2-4-2008 i.e. after about two months of detection of the case. As such it is not covered by a case where an immediate action was necessary under Regulation 20(2) of CHALR, 2004. He referred to the decision of the Tribunal in the case of International Ship ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... our attention to the Calcutta High Court decision in the case of Orient Clearing Forwarding Agency v. Union of India - 2001 (136) E.L.T. 3 (Cal.) wherein scope of word immediate action under Regulation 21(2) was considered and it was held that immediate does not mean as and when the consignment was imported as per the bills of entry alone. Word immediate cannot stop the authority concerned from taking steps during the pendency of the enquiry because the time has not stopped from running. Similarly Bombay High Court decision in the case of CC, Mumbai v. Raj Clearing Agency - 2006 (199) E.L.T. 602 (Bom.) has held that it is not mandatory that in all cases of suspension, Regulation 22(1) of Customs House Agents Licensing Regulations, 2004 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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