9911796707
TMI Blog2017 (5) TMI 1279X X X X Extracts X X X X X X X X Extracts X X X X ..... have been made against the appellant-CHA. He accepts that he has been callous and/or negligent - no particular clause of the Regulation 13 of the CHALR, 2004 which have been violated, has been pointed out in the SCN - penalty not sustainable - appeal allowed - decided in favor of appellant-CHA. - C/542-543/2009-CU[SM] - FINAL ORDER NO-70318-70319/2017 - Dated:- 21-3-2017 - Mr. Anil Choudhary, M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he course of examination, it was found that in all the containers, only the bags of rice in the front row were of good quality-Basmati and the rest of the bags in the container, were of poor quality. It therefore, appeared that the exporter as well as the appellant CHA, had attempted export sub standard rice of non-Basmati quality prohibited by DGFT, vide Notification No.38(RE-2007)/2004-2009 date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ia CHA,-appellant was also recorded. As per the test report received, the rice found in the containers does not conform to requirement of average length and breadth ratio as specified, and also do not meet the requirement of Basmati rice as per the Agmark specification. However, three samples (test memo No.36, 37 and 38) were found to be in conformation to the requirement of Basmati rice as per Ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... violated. It is further stated that the allegation being vague and no active involvement of the appellant CHA found the penalty is fit to be set aside. 5. Heard learned A.R. for the revenue. The appellant CHA is absent in spite of notice. Accordingly, the appeal is taken up for disposal on the basis of the appeal records and the submissions of learned A.R. 6. Having considered the rival ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
