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TMI Blog2009 (3) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... or mischief, if any, planned by the exporter as he is not traceable. No mala fide can be attributed to the appellant for this omission. There is also no such allegation or finding of mala fide against the appellants. - held that revocation of licence may not be justified and the same would be a very harsh penalty. - C/689/2007 - C/154/2009(PB) - Dated:- 26-3-2009 - Justice R.M.S. Khandeparkar, President and Shri M. Veeraiyan, Member (T) Shri Siddharth Joshi, Advocate, for the Appellant. Shri Fateh Singh, DR, for the Respondent. [Order per : M. Veeraiyan, Member (T) (Oral)]. - The application for early hearing made in pursuance of the order of the Hon'ble High Court of Delhi dated 14-11-2008 was taken up and the same was al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Learned Advocate submitted that the appellant as a CHA has taken all reasonable precautions before accepting the consignment from the exporter; that they have verified the copy of IEC code allotted by the DGFT; that they have also verified the documents relating to previous exports by exporter like documents relating to receipt of sale proceeds for the exports and drawback from the Department; that they have also received authority letter from the exporter. He submits that the appellant was not aware of the poor quality of the consignment which was sought to be exported. After making a phone call to the appellant, the consignment was delivered by the exporter at the ICD through the driver of the vehicle sent by the exporter and the consig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claim ineligible drawback. It was also submitted by the learned Advocate for the appellant that no show cause notice has been issued to the appellant under the Customs Act alleging any connivance with the exporter. We find that the appellant has taken some precautions to ascertain the genuineness of the exporter but perhaps, the same was not sufficient enough to know that the actual address of the exporter or mischief, if any, planned by the exporter as he is not traceable. However, no mala fide can be attributed to the appellant for this omission. There is also no such allegation or finding of mala fide against the appellants. Further, no drawback has been paid in this case. 6. The decisions relied upon by the learned DR are not relev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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