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2015 (5) TMI 997 - AT - CustomsRevocation of CHA licence - the prohibited items attempted to be exported outside India - It was found that the Shipping Bill No. 5513131, dated 7-11-2008 in the name of Himalayan Tours & Travels, Siliguri. Covering the said consignment was filed by the impugned, CHA. - he ld. Advocate has submitted that the charges labelled against them for the violation of Customs Act, were set aside by the Commissioner (Preventive) and therefore, on the similar facts and circumstances of the case, revocation also is liable to be set aside. Held that:- the act provides for two types of action, i.e., (i) for imposition of penalty for aiding and abetting the importer/exporter in smuggling of the goods, (ii) and the other action is contemplated under CHALR. As such merely on the ground that the ld. Commissioner set aside the penalty, is not a ground alone for quashing the order or revocation when the CHA has been found to indulge in gross misconduct and contravening the various provisions of Regulation under CHALR, 2004. - ld. Commissioner has rightly revoked the CHA License and forfeited the security deposit and therefore, we do not find any merit in the present appeal. - Decided against the appellant.
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