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2015 (6) TMI 1106 - AT - CustomsRevocation of CHA licence - forfeiture of security deposit - overvalued consignment of scarves, was being attempted to be exported from D’Node CFS - the 4 Shipping Bills dated 15-3-2012 of the exporter namely M/s. Galaxy Export, New Delhi were amended by filing four more Shipping Bills showing lesser FOB value and consequently lesser drawback - Held that: - The regulations mandate that the CHA should verify the antecedents of the exporter, the identity and functioning of his client at the declared address by using reliable independent and authentic information. This was not done by the appellant. In fact the appellant had simply obtained the export documents from Shri Deepak Joshi who had received the same from Shri Kunal who was not an authorized representative of the exporter. In this view of the matter, we find that the violation of Regulation 13(o) is established. Regarding violation of Regulation 19(8), it is seen that Shri Sanjay Gawand signed the request letter for amendment of Shipping Bills despite being a temporary pass holder of the CHA, who is not authorized to sign such documents. The CHA admits that this happened due to inadvertence. Therefore violation of Regulation 19(8) is established in that the CHA exercised no control in ensuring that his employees do not make any omissions or commissions in violation of the Regulations. Rather the presence of Shri Deepak Joshi everywhere does indicate that the CHA was getting some work done through unauthorized people. We note the elements of negligence and total disregard to Regulations 13(o) & 19(8). It would meet the ends of justice if the revocation of license is continued till 31-12-2015. The continuation of revocation till 31-12-2015. However, the license is ordered to be made operative from 1-1-2016. The security deposit is also ordered to be forfeited - appeal disposed off - decided partly in favor of appellant.
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