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TMI Blog2013 (12) TMI 885X X X X Extracts X X X X X X X X Extracts X X X X ..... livery to South Goods Carriers, Chatra Bhuj Bldg., 15, Ground Floor, 178 Sant Tukaram Road, Mumbai on account of M/s. Ventura Alloy (importer). It is further stated that Anthony D’Souza (importer) was waiting at the said address when the consignment was transported to the given address and he had taken the delivery of the same. Further, we find that in this case, the clearance took place in 2001 and DRI started investigation in the year 2004. It may happen that in the year 2004 the transporter might have changed their premise or may be non-existent in 2004. But investigation does not reveal that whether it was enquired that in 2001 said transporter was there or not - Following decision of M/s. Sainath Clearing Agency Versus Commissioner of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... certained the cleared imported goods under advance licence scheme were transported to the address as mentioned on the script of the advance licence. In case of any deviation, the CHA should have advised the client about the provisions of the Act in case of non-compliance should have brought the matter to the notice of DC/AC of the Customs. By not informing the DC/AC about the deviation, the CHA has failed to comply with the above said regulation. The enquiry was conducted and as per the report of the enquiry officer, charge was held proved. Consequently, the Commissioner of Customs (Gen), Mumbai also held that as the charge for violation of Regulation 13(d) of CHALR has stand proved, the licence of the appellant was revoked and entire amoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e shall bring to the notice of DC/AC of the Customs. On perusal of the various statements and records we find that the appellant has obtained a letter from the importer to whom the goods be delivered after clearance and same is placed on record which clearly explicit that the goods are to be delivered at South Goods Carriers, Chatra Bhuj Bldg., 15, Ground Floor, 178, Sant Tukaram Road, Mumbai. Further, in the statement of clerk of the appellant who dealt with the clearance of the goods clearly says that the said consignment was transported by them in local vehicle for delivery to South Goods Carriers, Chatra Bhuj Bldg., 15, Ground Floor, 178 Sant Tukaram Road, Mumbai on account of M/s. Ventura Alloy (importer). It is further stated that Ant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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