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TMI Blog2018 (8) TMI 1603X X X X Extracts X X X X X X X X Extracts X X X X ..... f the IEC given to it by a client for each import / export transaction. When such code is mentioned, there is a presumption that an appropriate background check in this regard i.e. KYC etc. would have been done by the customs authorities. Thus, in the present case, IEC was mentioned in the documents. Therefore, appellant cannot be saddled with the obligation that they have not verified the antecedents of the importer namely M/s. J.J. Enterprises. Also, such continuation of the probation order without prescribing a time-limit would be bye passing Regulation 20 with regard to suspension / revocation of the licence. Appeal allowed - decided in favor of appellant. - Appeal No. C/40515/2018 - Final Order No. 41814/2018 - Dated:- 2-5-2018 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the appellant to transact the business under Chennai Customs jurisdiction. After personal hearing, the impugned order was passed to continue the prohibition order in Chennai Customs Zone. Aggrieved, the appellant is now before the Tribunal. 2. The ld. counsel Shri P.A. Augustian submitted that the only allegation made against the appellant is that they had not given necessary advice to the client to declare the item and also that the appellant did not verify the antecedents of the client namely M/s. J.J. Enterprises. The only ground on which the prohibition order has been issued is alleging that one of the employees stated that no authorization has been obtained from the importer whereas the appellant had obtained authorization and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... House Agent. The decision in the case of Masterstroke Freight Forwarders P. Ltd. Vs. Commissioner of Customs, Chennai 2016 (332) ELT 300 (Maad.) was also relied by the ld. counsel and contended that Regulation 20 of CBLR, 2013 provides time limit of90 days to complete the proceedings after the offence report. In the present case, the department has issued a prohibition order and thereafter issued the impugned order for continuation of the prohibition order without any time limit. This in fact is issuance of a revocation order under Regulation 20 so as to bypass the time limit prescribed in Regulation 20 of CBLR, 2013. The appellant as a Customs Broker is deprived of his livelihood of such indefinite continuation of prohibition order. He p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing independent data or information. The Hon ble High Court in the case of Kunal Travels (Cargo) (supra) had observed that CHALR, 2004 requires exercise of due diligence by the CHA. The Hon ble Court observed that aforesaid clauses in the Regulations do not obligate the CHA to look into such information which may be made available to him from the exporter / importer. The CHA is not an inspector to weigh the genuineness of the transaction. It is a processing agent of documents with respect to clearance fo goods through customs house. It was observed that it would be far too onerous to expect the CHA to inquire into and verify the genuineness of the IEC given to it by a client for each import / export transaction. When such code is mentioned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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