9911796707
TMI Blog2018 (9) TMI 1604X X X X Extracts X X X X X X X X Extracts X X X X ..... plicant and that the previous consignments have duly been cleared - it is prima facie apparent that documents have been complete with reference to the said previous consignments. It is also an apparent and admitted fact that for the impugned consignment also the importer, the CHA and even the introducer are same. Apparently there seems no question of different set of documents as that of KYC including PAN, authorization letter etc. of the importer. This Tribunal in another matter with respect to the present applicant itself, M/S. HIM LOGISTICS PVT. LTD. VERSUS CC, NEW DELHI [2016 (4) TMI 971 - CESTAT NEW DELHI], has also held that once CHA is ascertained to have followed KYC norms and verifying the copies of requisite documents, there re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ignments for both the said noticees / importer / M/s. Jagdamba Enterprises. It is further submitted that 10 of those consignments have already been cleared and it is in respect of the 11th consignment with reference to Bill of Entry No. 6907998 dated 27.9.2014 for clearance of goods imported in container No. TELU-725 1469 that the Show cause notice was issued upon the importer, the noticee No. 1, the present applicant as noticee No.2 and Pawan Kumar Ralli as noticee No. 3 on 28.3.2015. The same was adjudicated vide order dated 29.8.17 thereby rejecting the declared value (Rs.10,45,491/- of the impugned consignment, confiscating the seized goods (alleged collective value at ₹ 2,00,46,599/-, demanding Customs duty of ₹ 57,15,320/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of appellant. impressing upon the same, the application seeking stay of revocation of CHA license is prayed to be allowed. 5. While rebutting these arguments, it is submitted by learned DR that from the impugned order under challenge, the connivance of the applicant as the basis of mis-declaration of consignment in question has clearly been held. Irrespective of the fact that other consignments of the noticee have been cleared, but for the present consignment, there is ample evidence on record about not furnishing proper set of documents by the proper person i.e. importer. No proper authorization is on record in favour of the applicant which is sufficient to hold his connivance and to hold that the provisions of CBLR 2013 have not adhere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e clear that he has not contravened regulation 11 A and 11D of CBLR, 2004 as is alleged. As to whether there is any evidence or other statement on record which proves that CHA / applicant has connived with noticee No. 1 while getting the impugned consignment cleared, the same shall be looked into at the stage of final disposal of the appeal. Hon ble High Court of Delhi in the case of Commissioner of Customs Vs. Him Logistics Pvt Ltd. in C M No.47867-47869/2016 decided on 23.12.2016 has held that where the CHA is proved to have verified IEC copy, PAN card, Telephone bill, partnership deed, if any, and voter ID card, he cannot be faulted and regulation 11 of CBLR cannot be invoked against him. Hon ble Delhi High Court in another case Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the suspension of CHA license, it is the question of livelihood of not only CHA but his employees also, resultantly authorities are required to be cautious while revoking the license and it should be done by passing speaking and reasonable order. In view of the arguments on behalf of the applicant that the order under challenge has not properly appreciated the fact of the compliance of Regulation 11C of CBLR 2013 on part of the appellant the revocation is prima facie opined to be harsh order causing prima facie irreparable loss not only to the CHA but to his employees as well. These observations are opined sufficient for staying the operation of revocation of CHA license. However, it is clarified that the finding in the present order wil ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
