9911796707
TMI Blog2011 (11) TMI 143X X X X Extracts X X X X X X X X Extracts X X X X ..... ndal, Shri P.R. Chandrasekharan, JJ. Appearance Shri S.N. Kantawala, Advocate for appellant Shri A.K. Prabhakar, Supdt. (A.R.) For Respondent Per Ashok Jindal The appellant M/s. Adarsh Clearing Agency who is a CHA has filed Appeals No. C/71 and 485 of 2009 against suspension of their CHA licence which was ultimately revoked by Commissioner of Customs (General) on 22.04.2010. Therefore, the learned Counsel for the appellant sought withdrawal of the above mentioned appeals, as the same have become infructuous. 2. The request of the learned Counsel is accepted and the above appeals are dismissed as withdrawn. 3. Appeal No. C/440/10 is against the revocation of the CHA licence. 4. Brief facts of the case are that an i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the appellant on behalf of M/s Metal Concepts (India) and M/s Venture Impex. In the statement of the appellant it has been stated that these job for clearing the export and import cargo was assigned to them by Shri Vikrant Agarwal and Mr. Ajay of M/s Venus Maritime Service who is engaged in the business of Freight forwarders Logistics supports and most of the shipments of the above said companies under DEPB and DEEC Schemes were carried by them. Therefore, it was alleged that the appellant did not check the authenticity of the merchant exporter / importer. They have colluded with them and they have not brought to the notice of the officers of Customs/Central Excise about the diversion of the goods of the above said importer/exporters ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y have not obtained proper authorization from the importer/exporter. He submitted that there is no prescribed format for authorization. Moreover, the Bill of Entry signed by the importer is not in dispute. If the Bill of Entry is signed by the importer who is an I.E.C. holder, therefore it is deemed that they have obtained the authorization. He further submitted that the authorization has been issued by the person who has been authorized by the importer for the clearance of the goods. The Inquiry Officer in his report has observed that the CHA has failed to obtain the authorization letter directly from two of the importing firms M/s Metal Concepts and M/s Flamingo Overseas. It is further observed by the Inquiry Officer that as per CHALR, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es, the CHA alone cannot be blamed and punished. Therefore, he prayed that other charges are supplementary charges to the main charge of non-obtaining the authorization from the importers. Finally, he submitted that as the CHA is out of business since January, 2009 and the punishment suffered by the CHA is sufficient and the licence of the appellant be restored. 6. On the other hand, Shri A.K. Prabhakar, Authorised Representative strongly opposed the contention of the learned Advocate and submitted that it is a case of diversion of goods cleared by the CHA. When CHA was not knowing whereabout of the importer and was not duly authorized by the importer, the CHA was involved in the diversion of the goods. He further submitted that in case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... normal charges for the work executed by the CHA. The authority letters have also been issued to the CHA on behalf of the importers. We have seen in the case of P.P. Dutta (supra), this Tribunal has observed that once the signatures are appended on the bills of entry and shipping bills forms by the importer/exporter and the CHA it should be taken to be substantive compliance of the afore stated provisions of the CHALR. Admittedly in this case there is no denial on behalf of the importer/exporter that they have not signed the bill of entry/authorization issued in favour of the CHA. 7.1 We have also examined the decision of the Hon'ble High Court in the case of S.S. Clearing Forwarding Agency P. Ltd. (supra) wherein the Hon'ble High ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
