9911796707
TMI Blog2013 (4) TMI 625X X X X Extracts X X X X X X X X Extracts X X X X ..... urther considering the time that has passed, the time limit indicated in Circular No. 9/2010-Cus., dated 8th April, 2010 for issue of final notice for revocation of license is already over. Such notice has not been issued so far. In such a circumstances, we are of the view that it is proper to revoke the impugned order suspending the licence of the appellant. - C/589/2011 - C/A/169/2012-Cus.(PB) - Dated:- 12-6-2012 - Ms. Archana Wadhwa, Shri Mathew John, JJ. REPRESENTED BY : Shri Piyush Kumar, Advocate, for the Appellant. Shri K.K. Jaiswal, AR, for the Respondent. [Order per : Mathew John, Member (T)]. The appellant has filed this application against an order passed under Regulation 20(3) of the Customs House Agents L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ulent claim the primary responsibility for such misdeed is of the exporters and not of the Custom House Agents. There is no case made out that the appellant has been a beneficiary of the fraudulent drawback claim as per the case made out. The appellant had received only Rs. 53,000/- for handling 55 such consignments and such amount cannot be considered as consideration for any illegal activity done by the appellants. 4. The only charge against the appellant is of not complying with the provisions of Circular No. 9/2010-Cus., dated 8-4-2010 issued by the Central Board of Excise and Customs putting the responsibility of Know Your Client on the CHA as per amended Regulation 13 of CHLAR, 2004 and para-6 of the said circular. The appellant s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llants are relying on the following decisions to the effect that where there is a delay in taking action suspension of Custom House License should be revoked :- (1) Om Freight Forwarders Pvt. Ltd. v. CC - 2011-TIOL-73-CESTAT-MUM = 2001 (128) E.L.T. 549 (Tri.-Mum.). (2) Vinod Tomar v. CC - Final Order No. C/251/2011 in Appeal No. C/728/2009 [2011 (272) E.L.T. 564 (Tribunal)]. It is contested that benefit extended the Custom House Agents involved in these cases should be given to the appellant also. 6. The ld. AR on the other hand points out that 55 shipping bills in the name of 16 different exporters whose identities were not verified, could not have been filed without involvement of the CHA. His contention is that they have ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
