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TMI Blog2017 (9) TMI 1568X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant co-operated with the investigating officers - revocation of license and forfeiture of the security deposit at this stage is excessive and is set aside - appeal allowed - decided in favor of appellant. - C/194/2012 - F/75901/2017 - Dated:- 29-3-2017 - Shri P.K. Choudhary, Member (Judicial) And Shri Devender Singh, Member (Technical) Shri A. Chakraborty, Advocate for the Appellant (s) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authorization by whom he is for the time being employed as CHA. Regulation 13(d) provides that a CHA shall verify antecedents, correctness of importer/exporter etc. 4. We find that the proceedings were initiated in respect of confiscation of the goods and imposition of penalties on various persons. By Adjudication Order No.KOL/CUS/PORT/22/2011 dt. 04.01.2012, the Commissioner of Customs (Preven ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d above, it is clear that the appellant had no involvement in the alleged smuggling. The appellant also helped the investigating agency during investigation. So, the revocation of license is excessive. 5. In the case of Ajay Clearing Enterprise vs. Commissioner of Customs (General) [2016(336) E.L.T. 33(Bom.)], the Hon ble Bombay High Court observed that penalty for permanent revocation of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (344) E.L.T. 305(Tri.-Kolkata) , this Tribunal observed that in view of the fact that the appellant had no knowledge of the contraband nature of the goods substituted in the containers, punishment for a life time cannot be imposed upon the appellant. 8. In the case of Akshey Gupta vs. Commr. Of Cus., New Delhi (Import Export)[2016(335) E.L.T. 553(Tri.-Del.)], the Tribunal observed that t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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