9911796707
TMI Blog2015 (5) TMI 486X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant. - Appeal No. C/85352/15 - Final Order No. A/707/2015-WZB/CB - Dated:- 27-3-2015 - Anil Choudhary, Member (J) And P S Pruthi, Member (T),JJ. For the Appellant : Shri S N Kantawala, Adv. For the Respondent : Shri S J Shahu, AC (AR) ORDER Per: Shri Anil Choudhary: The appellant, a Customs Broker/CHA, having Licence No. 11/1492 issued by the Commissioner of Customs, Kanpur. The appellant is also permitted to work at Mumbai Customs Commissionerate. 2. The appellant filed Bill of Entry No. 3609751 dated 22.10.2013 on behalf of the importer M/s R.N. Trading for clearance of assorted soft drinks, chocolates, baked beans, vinegar, etc. The Bill of Entry was registered on 8.11.2013 and was presented for examina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Customs authorities. He further submitted that since he was clearing food items for the first time, he did not know the formalities and relied upon the agent Shri Sachin. 2.2 In the statement, Shri Prakash Phapale also submitted that he was a transport agent and was not aware with the FSSAI formalities and/or procedure and accordingly was dependent on the said Sachin. It was also submitted that the importer was not aware of the dealing with said Sachin. There is no active omission and/or commission or contumacious conduct on their part. 2.3 Subsequently, after about one year, the appellant CHA has been prohibited for the alleged occurrence vide order dated 26.12.2014 under the provisions of Regulation 23 of CBLR, 2013. Thereaft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmission of improper NOC. The only finding is that the staff of the appellant Mr. H.K. Pol, due to lack of knowledge of FSSAI procedure, has been taken for a ride by the said Sachin. It is further urged that the said event is not of such a magnitude and or leading to loss of revenue and/or customs duty and as such, the impugned order is bad and fit to be set aside. 3.1 It is further urged that there is no such emergent reason arising out of the event in question, requiring immediate prohibition from working in Mumbai Customs Commissionereate. It is further urged that due to the impugned order, the appellant is suffering both financially and loss of goodwill and loss of livelihood for the management and its employees. 3.2 The Counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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