9911796707
TMI Blog2009 (9) TMI 759X X X X Extracts X X X X X X X X Extracts X X X X ..... ered by the Hon’ble High Court - appeal allowed - decided in favor of appellant. - C/208/2009 - A/249/2009-WZB/C-II/CSTB - Dated:- 17-9-2009 - Shri B.S.V. Murthy and Ashok Jindal, JJ. Shri A.V. Naik with M.S. Patel, Advocates, for the Appellant. Shri Manish Mohan, SDR, for the Respondent. ORDER The appellants are challenging the impugned order suspending the CHA licence issued to them on the ground that the exporter was found to be non-existent in respect of three shipping bills filed by them. The Commissioner also recorded a finding that the proprietor of CHA firm had admitted that he had never met Sajid Patel (Exporter) or verified his genuineness at the time of filing of shipping bills. It is also found in the order tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... He submits that since the two orders have been passed in respect of CHA who were responsible for the same type of transactions, the present appeal also deserve to be rejected. Further, he also relies upon the decision of the Hon ble Delhi High Court in the case of Jasjeet Singh Marwaha v. Union of India Ors, 2009 (239) E.L.T. 407 (Del.) = 2009-TIOL-87-HC-DFX-CUS in support of his contention that Custom House Agents can be penalised for the misdeclaration, if any, even though it is not his duty/obligation under the Custom House Agents Licensing Regulation, 2004 while the importer is left free to work. 4. We have considered the submissions made by both sides. We find that the submission by the learned advocate that the Commissioner has s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he authorization for filing the shipping bill but had not physically verified the existence, for which it is submitted that the same was not required. It would be practically impossible for the CHA to verify the physical existence of exporters and importers since any person resident in any part of the country could export and import from any port in India. Further, he also relies upon the following decisions in support of his contention that CHA need not verify the genuineness of the documents relevant to IEC Code Number produced by the importer or exporter. (i) Global Linkerz United Agencies v. CC, New Delhi, 2009 (238) E.L.T. 76; (ii) Thawerdas Wadhoomal v. CC, Mumbai, 2008 (221) E.L.T. 252 (iii) Nimesh Suchde v. CC, Nhava Sheva, 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble Bombay High Court, under whose jurisdiction this Tribunal is functioning, is relevant and in the case of CC v. National Shipping Agency - 2008 (226) E.L.T. 46 (Bom.). The Hon ble High Court held that the issue of suspension order on 30-10-2006 for violation committed in the year 2005 indicates that there is no emergency which required licence to be suspended. The facts in this case are similar to the facts considered by the Hon ble High Court. Having regard to the discussions above, we come to the obvious conclusion that suspension in this case is no longer warranted. However, we make it clear that we are not expressing any opinion as regards the liability of the CHA for punishment under CHA Licensing Regulations, 2004 after due enquiry ..... X X X X Extracts X X X X X X X X Extracts X X X X
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