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TMI Blog2014 (1) TMI 1675X X X X Extracts X X X X X X X X Extracts X X X X ..... The New Delhi Commissionerate issued a show cause notice dated 19-11-2009 to explain why the appellant should not be held responsible for all acts and omissions of its employee in regard to employment, in terms of Regulation 19(8) of the Customs House Agents Licensing Regulation, 2004; and why a part or whole of the security of Rs. 75,000/- furnished by the appellant at the time of issue of licenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the application are found to be incorrect. According to the show cause notice, the appellant as the CHA was required to ascertain correctness of the documents submitted before the Customs authorities. The show cause notice referred to Regulation 19(1) which inter alia requires a person employed to assist a CHA to have the minimum qualification of 10+2 or equivalent; and to employ such person aft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Secondary School Certificate 1993 produced in support of the said employee's educational qualification was fake. 3. I notice that in Trade Wings Ltd. v. CC, New Delhi - 2013 (290) E.L.T. 401 (Tri.-Del.), this Tribunal considered substantially similar circumstances and allowed the appeal preferred by the Customs House Agent therein. In Trade Wings the appellant CHA had no knowledge about the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of a person presented for certification, for employment as an assistant of a CHA. 4. Regulation 19(1) enables a Custom House Agent to employ any number of persons to assist him. This Regulation also enjoins that the minimum educational qualification of a person intended to be so employed shall be 10+2 or equivalent. In the absence of any requirement enjoined on the CHA to conduct an inqu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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