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2009 (9) TMI 842 - AT - CustomsRevocation of CHA licence - misconduct of employees - Case was booked against the importer for importing ozone depleting substances with intent to clear the same without filing proper declarations of the same at the rime of filing of the bill of entries - Held that: - there are no allegations and findings of the enquiry officer against the CHA as regards the violation of the provisions of CHALR. It is seen that the errors or commissions or omissions are committed by one Mr. Nageshwara Rao, clearing executive of the appellant but was not instructed by the appellant to do such an act. The Commissioner of Customs can revoke the licence of the Custom House Agent and order for forfeiture of the security only if there is a failure on the part of custom house agent to comply with any of the provisions of the conditions of the bond, provisions of this regulations and any mis-conduct on his part - in the present case, there are no findings that the appellant had failed to comply with any of the regulations or has had engaged in misconduct on his part which renders him unfit to transact any business. In the absence of any such findings, it is held that the appellant is punishable with the revocation of the licences under the provisions of Regulation 19(8) of CHALR. Appeal allowed - decided in favor of appellant.
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