9911796707
TMI Blog2012 (3) TMI 412X X X X Extracts X X X X X X X X Extracts X X X X ..... ave been recorded - there are enough evidence on records that point out that the CHA have not behaved prudently. But for the lapses on the part of the CHA as enumerate in the Inquiry Reports as well as in my observations after weighing defence put forth by the CHA, it is seen that no malafide intent has been proved against the CHA. Considering magnitude of infractions on the part of the CHA, the CHA should be punished adequately - the licence of CHA was made operative with immediate effect - appeal allowed - decided in favor of appellant. X X X X Extracts X X X X X X X X Extracts X X X X ..... of the appellant as well as Shri Manoj Shial were recorded under Section 108 of the Customs Act, but no show-cause notice was issued to the appellant. He further submitted that Shri Manoj Shial was a regular employee of the appellant and the allegation against the appellant is that they have sublet the licence to Shri Manoj Shial is not correct as Shri Manoj Shial was having his firm in the name of M/s. Arihant Shipping Agency who brought the work of clearance to the appellant and the appellant was issuing invoices of the clearance made by them to M/s. Arihant Shipping Agency and M/s. Arihant Shipping Agency was further issuing invoices to various agencies who has done clearance through the appellant. He further submitted that the allegati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... strongly opposed the contentions of the learned Advocate and submitted that during the course of investigation the statements of the appellant as well as Shri Manoj Shial was recorded under Section 108 of the Customs Act wherein they have admitted the charge of sub-letting the CHA licence against the monthly payment of ₹ 9,000/-. Moreover, the Commissioner of Customs (Gen) has gone through the detailed investigation and thereafter he found that the charges against the appellant have been proved therefore, he has rightly revoked the CHA licence of the appellant. 5. Heard both the sides in detail and perused the records. 6. On perusal of the records, we find that it is an admitted position that no proceedings were initiated against t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one to overvaluation. Nor the CHA has tried to show during enquiry or during personal hearing that he took more than routine effort in dealing with the sensitive goods. He has not been efficient. So, Article of Charge III in respect of sub-regulation (n) of regulation (13), stands proved. 6.1 In paragraph 31 he had said that I am of the view that CHA have performed in a casual manner. Even though, I do not fully concur with the findings in the Inquiry Reports, there are enough evidence on records that point out that the CHA have not behaved prudently. But for the lapses on the part of the CHA as enumerate in the Inquiry Reports as well as in my observations after weighing defence put forth by the CHA, it is seen that no malafide intent has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri Nitin Jatania was recorded and he has stated that he had been importing tyres in the name of M/s. Fasttrac Impex Pvt. Ltd. since 2003, that on being asked about the said M/s. Dhiren Enterprise, he stated that he had also cleared the import consignments of tyres consignments of tyres through CHA Firm M/s. Venkatesh Agencies, that the said M/s. Dhiren Enterprise was a Proprietary Firm floated by one Shri Dhiren Gor an employee of the said CHA Firm M/s. Venkatesh Agencies and thereafter he reviewed the suspension and revoked CHA licence. 7. As discussed above, we find that there is no consistency in the observation made by the Commissioner of Customs (General) when identical charges have been made against CHA namely M/s. Venkatesh Agenc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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