9911796707
TMI Blog2024 (8) TMI 1065X X X X Extracts X X X X X X X X Extracts X X X X ..... nt had in his statement dated 13.3.2001 and 20.02.2001 stated that the consignments were moved to various CFSs by the steamer agent M/s. JVP Container Lines Pvt. Ltd. His statement was also corroborated by the Accountant of M/s.JVP Container Lines Pvt. Ltd, who has mentioned in his statement dated 14.2.2002 that the delivery order and PNR movement copies for seven containers were issued as per the instructions of M/s.Blue Bay Logistics and M/s.Vantec Systems. The penalty imposed on the appellant cannot be sustained. Similarly, the prayer of revenue to set aside and the appellants CHA licence is also not maintainable. The penalty imposed on the CHA by the impugned order be set aside and he may be permitted to operate the CHA licence. The imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere to the Customs Broker Licensing Regulations. Aggrieved by the confirmation of the penalty of Rs.1,50,000/- under sec. 112(a), the CHA has filed Appeal No. C/42024/2018 and the department has filed Appeal No. C/42153/2018 against allowing the CHA to operate with his license. 3. Shri L. Gokulraj, Ld. Advocate appeared for the appellant-CHA and Shri N. Satyanarayanan, Ld. Authorized Representative appeared for the department. 3.1 The learned Advocate satiated that the appellant has acted as CHA for more than 5 years without any blemish. One Mr. Srinivasan of M/s. Vantech Systems, Chennai, approached the Appellant for the clearance of some imported goods. He submitted that the allegation is appellant had obtained PNR movement documents from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeared that the appellant avoided the verification of the seal numbers at the CFS gates and did not cooperate with the department in the investigation which resulted in the importer absconding. Hence the impugned order erred in allowing the CHA to operate with his license and that part of the order may be set aside and the licence cancelled. 4. I have heard both the sides. I find that the charges made by revenue are not substantiated by the statements recorded in this case. The appellant had in his statement dated 13.3.2001 and 20.02.2001 stated that the consignments were moved to various CFSs by the steamer agent M/s. JVP Container Lines Pvt. Ltd. His statement was also corroborated by the Accountant of M/s.JVP Container Lines Pvt. Ltd, w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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