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2009 (1) TMI 655 - CESTAT, MUMBAIStay/Dispensation of pre-deposit - Penalty on CHA - Held that: - the CHA does not have any control over the container, once the same is permitted inside the gate. It is the responsibility of the Shipping Line to see that the container is loaded after receipt and verification of all the documents including the LEO. Hence, they are no way responsible for the container being loaded on to the vessel prior to the LEO. Hence, the question of their making any genuine attempt to stop the container from being loaded on the vessel does not arise at all - the CHAs are generally not at fault in the matter and for the lapse on the part of the Shipping Line, CHAs cannot be penalized. Penalty on exporter - Held that: - It seems that the exporter was unaware about the registration of the Shipping Bill on 6-1-07, during the material time and was also unaware about the loading of the container on the vessel on 9-1-2007, during the material time. It further appears that the exporter never instructed the CHA or the Shipping Line to process the export goods for export without verification or without following the procedures prescribed for the purpose of export. LEO issued on 12-1-07, after sailing of the vessel on 9-1-07, is itself post facto permission for export. It automatically condoned the lapse of technical nature, as examination was already over and LEO was pending only for the correction of the invoice. Penalties waived - pre-deposit dispensed - appeal allowed.
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