TMI Blog2015 (3) TMI 418X X X X Extracts X X X X X X X X Extracts X X X X ..... ial knowledge of attempt to export of the goods through M/s. A.S. Exports, Mumbai. Materials on record do not suggest active involvement of the appellant to conclude that offence was committed by appellant. Therefore before completion of the proceedings under Regulation 22 of CHALR, 2004 any opinion by Tribunal would result in miscarriage of justice. It is apparent from the record that two years h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of CHALR, 2004. It was implicated in respect of export of Indian Hand Tufted Woollen Floor Covering Carpet and Indian Floor Covering Carpet (Saggy Pol.) alleging that the CHA appellant failed in its duty to follow KYC norm. 2. Consequent upon receipt of investigation report, ld. Commissioner, passed an order temporarily suspending the CHA licence on 27.07.2012 under Regulation 20(2) of CHA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsured proper conduct of his employee [Sudhir Rama Chandra, G- card holder] which is mandatory on the part of the CHA. (5) The CHA has not exercised due diligence in the clearance as he made, signed used fabricated forged documents for the said export. (6) The CHA failed in his obligation to ensure that the entries made in the S/B are correct true declaration of value descrip ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot suggest active involvement of the appellant to conclude that offence was committed by appellant. Therefore before completion of the proceedings under Regulation 22 of CHALR, 2004 any opinion by Tribunal would result in miscarriage of justice. 6. It is apparent from the record that two years have expired from the order of suspension under Regulation 20 (2) of CHALR, 2004. Proceedings under Re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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