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TMI Blog2011 (4) TMI 1131X X X X Extracts X X X X X X X X Extracts X X X X ..... nd H-Card was issued to him by the customs – Held that:- just for production of false 12th pass certificate by his employee, the order of forfeiture of the security to the extent of Rs. 55,000/- does not prima facie appear to be correct. The impugned order is, therefore, stayed. Stay application is allowed - E/682/2010-SM(BR) - 210/2011-SM(BR)(PB), - Dated:- 25-4-2011 - Shri Rakesh Kumar, J. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of CHA Regulations, 2004 for all the acts and omissions of their employee in regard to the employment; (b) forfeiture of part or whole of the security of Rs. 75,000/- submitted at the time of issue of their licence in terms of Regulation 20(1) of Customs House Agents Licensing Regulations, 2004 for failure to comply with the conditions of the bond executed by them under Regulation 10, and f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard was issued to him. It is against this order that this stay application and appeal have been filed. 2. Heard both the sides in respect of stay application. 3. Shri Mohan Lal, Advocate, ld. Counsel for the appellant, pleaded that in terms of Rule 19(8) of CHALR, 2004 the appellant is responsible for all acts omissions of their employee in the transaction of business as an agent, that Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... feiture of security to the extent of Rs. 55,000/- is not backed by any authority of law. He, therefore, pleaded for stay of the order of the Commissioner forfeiting the security of the CHA to the tune of Rs. 55,000/-. 4. Shri R.K. Gupta, ld. Sr. Departmental Representative opposed the stay application by reiterating the Commissioner s findings. He pleaded that the security to the tune of Rs. 55, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to him by the customs. Moreover, it is also seen that no penalty has been imposed on the appellant under any Regulation or any provisions of the Customs Act, 1962 or of the Rules and Regulation made thereunder. There is also no proposal to initiate any proceedings against the appellant for suspension or cancellation of the licence. In view of this, just for production of false 12th pass certifica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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