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TMI Blog2018 (11) TMI 533X X X X Extracts X X X X X X X X Extracts X X X X ..... ation 23 of the Regulations. Consequent upon detection of shipment of goods by M/s Aar Cee International filed through the licencee in June 2002, the license was suspended and the charge-sheet issued to the licensee culminated in impugned order-in-original no. 40/2007 dated 24th December 2007. 2. The prescribed enquiry found the five charges levelled against the licensee to be proved and, after grant of opportunity of responding and to be heard in person, the revocation and forfeiture was ordered by Commissioner of Customs (General), New Custom House, Mumbai. The appellant was found to have breached regulation 14 (a) requiring possession of authorisation from the exporter, of regulation 14(b) by operating through an unauthorised person, of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssioner of Customs (General) v. Sainath Clearing Agency [2015 (326) ELT 548 (Bom)], the Hon'ble High Court of Bombay approved, in the peculiar circumstance of that case, of the decision of the Tribunal to restrict the period of revocation of the license. In Manilal Patel Clearing and Forwarding Pvt Ltd v. Commissioner of Customers [2013 (294) ELT 472 (Tri-Mumbai)], it was held that the penalty visited upon the appellant should not be any different from that imposed, in similar circumstances, upon other similarly placed agents. Likewise in Damodar J Malpani v. Collector of Central Excise [2002 (146) ELT 483 (SC)], the Hon'ble Supreme Court was inclined to find fault with the Tribunal for having disregarded uniformity of treatment. 4. Even a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng authority but also may encourage a casual approach by other licensees. 6. We are convinced by the submissions of Learned Authorised Representative that the operation and control of Customs House Agents are best left to the judgement of Commissioner of Customs and that no intervention in the magnitude of penalty, save in obvious cases of being disproportionate or for violation of principles of natural justice and breach of procedure as prescribed in law is warranted. The decision of Hon'ble High Court of Bombay in Commissioner of Customs (General) v. Worldwide Cargo Movers [2010 (253) ELT 190 (Bom)] lays down the scope of intervention thus '28. In our view, the Tribunal has committed a grave error in interfering with the decision of a d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmissioner of Customs is restored.' 7. The Hon'ble Supreme Court too echoes the scope of intervention by other authorities in matters pertaining to Customs House Agents thus 4. Relying on the statutory provisions, it is submitted by learned counsel for the respondent that the Tribunal has jurisdiction to confirm, modify or annul the decision. There can be no cavil over the issue that the Tribunal can dislodge or confirm or modify the order. The vesting of jurisdiction with the Tribunal by the statute is beyond any pale of controversy. The dispute pertains to exercise of such jurisdiction. When a jurisdiction is exercised, it has to be exercised in accordance with law, regard being had to the factual matrix of the case. The Tribunal havin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... HA is supposed to safeguard the interests of both the importers and the Customs. A lot of trust is kept in CHA by the importers/exporters as well as by the Government Agencies. To ensure appropriate discharge of such trust, the relevant regulations are framed. Regulation 14 of the CHA Licensing Regulations lists out obligations of the CHA. Any contravention of such obligations even without intent would be sufficient to invite upon the CHA the punishment listed in the Regulations...." We approve the aforesaid observations of the CEGAT, West Zonal Bench, Mumbai and unhesitatingly hold that this misconduct has to be seriously viewed.' in Commissioner of Customs v. KM Ganatra & Co [2016 (332) ELT 15 (SC)]. 8. In view of the elaborate findi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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