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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 ..... nce Licence Scheme. The appellant were assigned the work of clearance of the said consignment. It is the allegation that the said consignment was allegedly diverted to some other place in spite goods being transported to the importer. In this scenario, proceedings under CHALR 2004 were initiated against the appellant and their licences were suspended on 17-5-2005. The said suspension was revoked on the direction of the Hon'ble High Court. Thereafter proceedings under CHALR were initiated against the appellant. 3. The article of charge was that the appellant has violated Regulation 13(d) of CHALR, 2004 as the import clearance were made under advance licence scheme by M/s. Ventura Alloy & Electronics through the appellant cleared the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt this contention, he placed reliance on the Sainath Clearing Agency - 2011 (269) E.L.T. 106 and CCE v. Trivandrum Rubber Works Ltd. - 1999 (106) E.L.T. 9 (S.C.). Therefore impugned order is to be set aside and their licence be made operative. 5. On the other hand, the ld. AR strongly opposed the contention of the advocate and submitted that as the importer and transporter are found to be non-existent, therefore, the appellant are to be held liable for diversion of the goods. He further reiterates the impugned order. 6. Heard both sides. 7. After considering the submissions made by both sides, we find that in this case the only charge against the appellant is that they have violated Regulation 13(d) of CHALR, 2004 where t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which the imports took place was not in the name of the importer and such licence has been issued by DGFT at the importer's address in Surat. Therefore, the allegation that importer is non-existent at the time of importer is not sustainable at all. 8. As the appellant has handed over goods to the importer after clearance the charge under Regulation 13(d) of CHALR 2004 is not sustainable in light of the decision of the Tribunal in Sainath Clearing Agency (supra) wherein this Tribunal has observed that once the goods are cleared upon completion of customs formalities and out of customs charge under Section 47 of the Customs Act is obtained by CHA and delivered to his client, there is nothing else to be done by CHA. It is not the CHA obl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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