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TMI Blog2013 (12) TMI 1039X X X X Extracts X X X X X X X X Extracts X X X X ..... r the above shipping bill. The said cargo was stuffed in 20 feet container which were to sail to Dubai on 13-4-2010. The said container was brought back on 24-3-2010 and examined wherein it was found that there were Red Sander Logs instead of "granites tiles". A statement of Mr. R. Gurusamy, Branch Manager of the appellant firm was recorded wherein he stated that he has not obtained any authorisation letter from the exporter for undertaking the Custom clearing work and he also admitted his mistake that he undertook the Custom clearance work for these two export consignments i.e. first export already made in 2010 apart from present one without verifying the credential of the exporter and thus he has violated the Custom House Agent Licence Regulation, 2004. In view of the above, the licence of the appellant was suspended on 30-7-2010 by invoking the provisions of Regulation 20(2) of the CHALR, 2004. The said suspension was confirmed by an order dated 8-10-2010 and enquiry proceedings were initiated for the violation of Regulation 13A, 13B, 13E, 13N and 13D and 19(8) of the CHALR, 2004. The enquiry was conducted. The enquiry officer submitted his report on 15-4-2011 that the finding t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d on the material on record which clearly shows that the appellant had acted as CHA and had taken due care and diligent and was nowhere involved in the alleged smuggling of Red Sander Logs. He further submitted that although enquiry officer has held that charges against the appellant are 'not proved' and they have not contravened the provisions of the CHALR, 2004 as the shipping bill was accepted by the preventive officer on the basis of the documents, invoice, packing list and the certificate of the Superintendent of Central Excise. The documents given by the exporter contains an authorisation and it is the second consignment of the same exporter was dealt by the appellant and no dispute has been raised with regard to the first consignment. He finally submitted that the Commissioner of Customs (Gen.) himself held in the case of Standard Shipping Agency, wherein the enquiry officer in his enquiry report has observed that the charges were 'not proved' and after considering the report of the enquiry officer, the Commissioner of Customs (Gen.) concluded that the CHA has violated the Regulations and charges have been proved but finally, he held that the CHA licence was under suspension ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate cases where immediate action is necessary, within fifteen days from the date of receipt of a report from investigating authority, suspend the licence of a Customs House Agent where an enquiry against such agent is pending or contemplated." And Regulation 22(1) which is reproduced hereunder :- "Regulation 22. Procedure for suspending or revoking licence under Regulation 20. - (1) The Commissioner of Customs shall issue a notice in writing to the Customs House Agent within ninety days from the date of receipt of offence report, stating the grounds on which it is proposed to suspend or revoke the licence and requiring the said Customs House Agent to submit within thirty days, to the Deputy Commissioner of Customs or Assistant Commissioner of Customs nominated by him, a written statement of defence and also to specify in the said statement whether the Customs House Agent desires to be heard in person by the said Deputy Commissioner of Customs or Assistant Commissioner of Customs. Provided that the procedure prescribed in Regulation 22 shall not apply in respect of the provisions contained in sub-regulation (2) to Regulation 20." 8. As per the said regulation, the Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rters thereafter, once the documents are received for clearance. Even for such business/work coming through a middleman, there is nothing in CHALR which exempts CHA from obtaining authorisation letters from the concerned importers. For that matter, it has not come on record that CHA has produced even single authorisation from any importer. Even it is assumed that CHA has been doing business with these people for previous many years, still there is no exemption from obtaining authorisation from importer. Nor is the case that CHA has produced even one authorisation from any of the importer even for previous consignment. Declaration on bill of entry cannot and should not substitute authorisation from importer to CHA to handle his work in Custom Houses. Hence, I am of the opinion that the CHA has violated Reg. 13(a) of CHALR 2004." And thereafter he passed the following order :- "In exercise of the powers conferred under Regulation 22(7) of the CHALR, 2004, I hereby order the forfeiture of entire security amount deposited by the said CHA with the Customs Department under the provisions of CHALR, 2004. The CHA Licence be made operative after deposit of fresh Security Deposit as per CH ..... X X X X Extracts X X X X X X X X Extracts X X X X
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