9911796707
TMI Blog2010 (10) TMI 426X X X X Extracts X X X X X X X X Extracts X X X X ..... JJ. REPRESENTED BY : Shri V.N. Ansurkar, Advocate, for the Appellant. Shri B.P. Pereira, JDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. The appeal is against the order dated 7-4-2010 of the Commissioner of Customs (General), Mumbai debarring the appellant (CHA) from operating in Mumbai Customs Zone under Regulation 20(c) of the Customs House Agents Licencing Regulations (CHALR for short), 2004. The application is for stay of operation of the Commissioner s order. After examining the records and hearing both sides, we are inclined to dispose of the appeal itself finally and, accordingly, we take up the appeal. 2. The appellant M/s. Rishad Shipping Cleaning Agency Pvt. Ltd. obtained a licence from the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner of Customs (General) Mumbai suspended the operation of Licence No. 11/1149 with immediate effect by order dated 16-5-2008, which was, later on, revoked by him by order dated 14-7-2008. Subsequently, the Commissioner issued notice dated 9-3-2009 framing three charges against the CHA. It was alleged that the CHA had violated Regulation 13(d) (Charge I), 13(k) (Charge II) and 13(n) (Charge III). The CHA filed their written statement of defence vis-a-vis these charges. The Commissioner appointed an Inquiry Officer who, upon completion of enquiry, submitted a report, wherein the CHA was exonerated from Charge I and found guilty of the other charges. It was acting upon this Inquiry Report that the learned Commissioner of Customs passed the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... attract such a serious punishment as debarring ordered by the Commissioner. It is submitted that the first charge was dropped by the Commissioner on the basis of the Inquiry Report which was in favour of the CHA on the point. The learned Commissioner agreed with other findings of the Inquiry Officer without proper application of mind. In this connection, the learned Counsel refers to the Inquiry Report and submits that the findings recorded by the Inquiry Officer are ambiguous and do not disclose any cogent reason to indict the CHA under Regulations 13(k) and (n) of the CHALR, 2004. It is prayed that the Commissioner s order be set aside and the appeal be allowed. 5. We have heard the learned JDR also who has reiterated the findings of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner of Customs and submit them for inspection to the said Deputy/Asst. Commissioner of Customs or Officer authorized by him whenever required. In this case, Shri Mitul Poddar, employee of the CHA Firm M/s. Rishad Shipping Clearing Agency Pvt. Ltd. in his statement dated 8-1-2008 admitted that the Job Register was not maintained properly. Further, Shri Behram Dadademery, MD of the CHA Firm, in his statement dated 9-1-2008 accepted that the Job Register was not maintained properly and the instant entry of M/s. Montu Enterprises was not made therein. Further, the CHA in the written submission dated 21-5-2008 has confirmed that after a certain period, all entries of Bills of Entries and Shipping Bills are made in the job register. That sin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ge his duties with efficiency. Therefore, the CHA did not comply with the provisions of Regulation 13(n) of the CHALR, 2004. Obviously, in Charge III, the Commissioner reiterated the CHA s conduct with reference to DEPB Licence dated 5-1-2006. The first charge was that the CHA utilized his DEPB credit for payment of duty on the goods imported by their client, without being asked to do so. The very same fact was reiterated in the context of framing Charge III against the CHA, clearly disclosing overlapping of allegations between Charges I and III. Charge II pertains to maintenance of Job Register by the CHA. It was alleged that the CHA had not properly maintained the Job Register. This very allegation was repeated under Charge III to hold ..... X X X X Extracts X X X X X X X X Extracts X X X X
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