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2015 (4) TMI 1052 - AT - CustomsRevocation of the Customs House Agent (CHA) License of the appellant - forfeiture of the entire amount of security deposit. - The presenting officer cross-examined the persons concerned. On completion of cross-examination and inquiry, he came to the conclusion that Violation of Regulations 13(a), 13(e) and 13(o) is not recommended as proved. Further, the enquiry officer dropped all charges as not proved. However the Commissioner of Customs disagreed with the enquiry report and issued a disagreement memo dated 3-2-2014. After following principles of natural justice, the Commissioner of Customs vide his order dated 14-3-2014 held the CHA guilty of violation of all the sub-regulations, namely (a), (d), (e), (n), (o) of Regulation 13 of CHALR, 2004 and ordered revocation of the CHA license and also forfeiture of the entire amount of security deposit. Held that:- The serious negligence resulted in an attempt to smuggle prohibited goods. - the appellant CHA certainly did not exercise due diligence to impart correct information to the real exporter with reference to the clearance of goods and therefore, the appellant are guilty of Violation of Regulation 13(e). The appellant is guilty of violating the CHALR Regulations. However we also hold the view that the appellant cannot be disabled permanently for the violations as that would deprive him of his source of livelihood as well as deprive his employees of their source of livelihood. It would meet the ends of justice if the license is revoked for limited period. Having already suffered revocation for a year it would be sufficient punishment to continue the revocation till 31-12-2015. Accordingly we order that the revocation of the license would continue till 31-12-2015. From 1-1-2016 the license would become operative on forfeiture of the security deposit. - Decided partly in favor of appellant.
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