9911796707
TMI Blog2016 (6) TMI 910X X X X Extracts X X X X X X X X Extracts X X X X ..... t, M/s M.G.K.Associates which is a proprietary firm with Sri M.G.Khan as proprietor, holds CHA license which was valid upto 26-04-2005. The respondent applied for renewal of license for a period of 10 years under Regulation 11(2) of Custom House Agents Licensing Regulations, 2004(CHALR-2004). While processing the license it was noticed that licensee s performance was not satisfactory. During the investigation into the case of mis-declaration of LCD projectors by certain importers, the premises of M/s Unique Logistics, Hyderabad was also searched. Certain copies of blank shipping bills and bills of entry signed by Sri M.G.Khan proprietor of the respondent CHA firm was recovered. During the investigation, it was learnt that M/s Unique Logisti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the Customs Act, Shri M.G. Khan stated that he signed blank documents in sets of five or six and kept the same in the office of the Unique Logistics run by his G card holders as he sit mainly at Air Cargo Complex and the said persons are like his employees doing marketing, though no salary is paid to them. 3. Shri K.Vijaya Kumar of M/s Unique Logistics stated that he is sole proprietor of M/s Unique Logistics and is a G.card holder, associated with CHA License by name M/s M.G.K.Associates (respondents herein). That for Customs Clearance purpose, he took blank Shipping Bills and Bills of Entry signed by M.G.Khan as CHA, and he filed the same before Customs. For obtaining signed blank Bills of Entry and Shipping Bills, he paid l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... employees Shri K.Vijaya Kumar, in transacting the business as agent of his CHA firm, as provided in Regulation 19(8) of CHALR, 2004. 6. In view of the above, when the respondent filed application for renewal of license, he was asked to show cause why his application for renewal should not be rejected. Shri K.Vijaya Kumar, G.Card holder was also issued Show cause notice, why action should not be initiated for misuse of G Card. 7. The respondent replied inter alia, that Shri Vijaya Kumar is a G-Card holder and is a registered clerk of their firm in customs record. That G card holder is authorised to conduct business on behalf of CHA, and that as G card holders are not authorised to sign customs documents on behalf of CHA, as a matter of con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent in mis-declaration of RSP by the importer was yet to be taken up for adjudication with the impugned order was passed by Commissioner. Taking into consideration, that the license has not been renewed for 10 months, which according to the Commissioner was enough punishment for the lapses committed, he ordered the renewal application to be processed, directing the CHA/respondent to be more careful. 11. The strong contention raised by learned A.R Shri Ajith Kumar is that having established that blank documents duly singed were handed over by respondent to other person for transacting business with customs for purely monetary consideration, the respondent cannot be allowed to have his CHA license renewed. Though we put direct questi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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