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2010 (10) TMI 212 - HC - CustomsCHA licence - merely because the CHA was not joined as a co-noticee cannot be a ground to hold that the enquiry proceeding initiated against the CHA were vitiated - Tribunal has committed an error on this count in recording finding against the Revenue Once the goods are examined and allowed to be cleared, the CHA could not have prohibited clearance of the goods. As a fact, Tribunal found that the CHA could not be blamed and that it was not at fault. This view of the Tribunal cannot be faulted. It is true that the CHA should not have acted without authorisation on behalf of its client. At the same time, it was also duty of the Customs Officer to check the authorisation in favour of the CHA before allowing him to act as CHA for the importer. Thus, there is a contributory default on the part of the both. Under these circumstances, the CHA alone cannot be blamed and punished. The punishment of cancellation of licence is disproportionate to the act of omission committed by the CHA. In the circumstances, the action taken against the CHA cancelling his license is set aside maintaining the order to the extent it forfeits the security deposit in the sum of Rs. 25,000/-.
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