9911796707
TMI Blog2019 (4) TMI 1051X X X X Extracts X X X X X X X X Extracts X X X X ..... required to be done immediately after the detection of case against the CHA for misdeed or any manipulation by the CHA, which is not the case in the present proceedings. The impugned order is not sustainable and deserves to be set aside - appeal allowed - decided in favor of appellant. - Custom Appeal No. 53728 of 2018-DB - Final Order No. 50535/2019 - Dated:- 16-4-2019 - Mr. Anil Choudhary, Member (Judicial) And Mr. Bijay Kumar, Member (Technical) Shri B.K. Singh, Advocate - for the appellant Shri Rakesh Kumar, DR - for the respondent ORDER Per Bijay Kumar : The present appeal has been filed by the appellant being aggrieved by the impugned order passed by Commissioner of Customs (Airport General), New Cu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s detected by DRI and subsequently informed to Commissioner of Customs, for taking appropriate action against the appellant. It was found by the department, during the investigation, that the appellant has connived with the importer in obtaining forged invoice, PMI test report regarding grade of import consignment of HR/CR coil through one of his authorised person viz. Shri Harshad Sakharam Nedekar, who also happened to be representative of another CHA M/s Greenity Logistics Pvt. Ltd. In her statement Ms Sheel Tripathi, proprietor of appellant accepted that she never met the proprietor of M/s Mahaveer Impex, the importer, and that too of her staff at Mumbai, viz. Shri Pramod Singh, Manager and Shri Vaibhav Satish Shellar, Customs clerk got ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal sum for getting PMI test done from M/s Ananta Metal Testing Services. If it was done without knowledge of the appellant, their proprietor or other senior officer of the appellant the same was done under his personal capacity. The appellant is not responsible as the same. which has been done beyond the mandate given to Shri Nadekar as the authorised representative. It was also stated by learned Advocate that the case has been detected way back in the year 2014, when the Bill of entry as stated above has been filed on 13.9.2014. Suspension of CHA license, under the provision of CBLR, 2018, is mentioned at Regulation, 20(2), sub-Regulation (1), thereof, which is reproduced as under: 20. Suspension or revocation of licence.- (1) Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r revoking the suspension or continuing it, as the case may be, within fifteen days from the date of hearing granted to the Customs House Agent. The purpose of this regulation is for the immediate suspension of the licence so as to stop the functioning at particular station due to irregularity committed by the CHA in discharge of their function under the provisions of CBLR. In this case, the suspension has been ordered after more than four years of the import and the same has been confirmed by the Commissioner in the impugned order. The appellant placed reliance on the decisions of Hon ble High court in the case of Commissioner of Custom Vs. National Shipping Agency 2008 (226) ELT 46 (Bom.) regarding power of suspension under Regulat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... verified the same and, therefore, not committed any breach of the provisions of Rule 10 of CBLR 2018/11 of CBLR, 2013 as indicated above. The manipulation of test report regarding the consignment imported by the importer through one of their representative was not within the knowledge of the appellant and hence the appellant cannot be held responsible for the same and visited with any penalty for that. We also find that in this case the detection was done in the year 2014 and the licence has been placed under suspension and confirmation thereof in the year 2018 which is much after the occurrence of event. The provisions of immediate suspension of license is required to be resorted to in deserving cases so as to prohibit the functioning of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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