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TMI Blog2015 (1) TMI 668X X X X Extracts X X X X X X X X Extracts X X X X ..... ice is vague and I set aside the impugned order as well as the Order-in- Original imposing the penalty on the appellant. - Decided in favour of appellant. - C/86963/2014-Mum - Final Order No. A/1269/2014-WZB/C-IV(SMB) - Dated:- 24-7-2014 - Shri Anil Choudhary, Member (J) Shri S.N. Kantawala, Advocate, for the Appellant. Shri Ahibaran, Addl. Commissioner, AR, for the Respondent. ORDER The appellant M/s. CMA CGM Agencies (India) Pvt. Ltd. is a shipping agent engaged in the business of providing service to shipping line by way of filing IGM on its behalf and also assisting in moving the unloaded cargo i.e. movement of containers from port to the designated CFS as instructed by the shipping line. The appellant has filed pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mation regarding the destination CFS is not received from the importers/CHAs, prior to 72 hours of the arrival of the vessel (entry inward), the Shipping Lines/Steamer Agents may declare the name of any one Container Freight Station (in the IGM), to where all such unlisted containers can be transported for delivery and inform such CFS accordingly. 2.1 Further facts are that one M/s. Bhatia Shipping Pvt. Ltd. had filed some complain with the Customs authority on 5-7-2012 stating that the appellant shipping agent has denied or refused to move the containers to the CFS of the importer s choice. Based on such complain, a show cause notice dated 9-8-2012 was issued without enclosing a copy of the complain, and asked the appellant to show cau ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imported containers, for which under terms of contract, the appellant become liable. Thus, in order to protect its interest, the appellant charges an amount of ₹ 2,500/- per container to ensure the return, as it has to employ .additional resource of manpower to monitor the container which goes other CFS than the regular CFS of Shipping line. Further, in case the container is lost or untraceable subsequently, the appellant is liable for cost of the container other than import duty on the container along with fine and penalty. The appellant further draws my attention that the show cause notice is vague as the gist of allegation against the appellant i.e. the gist of the complaint letter is not furnished. The appellant further draws my a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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