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2012 (10) TMI 311 - AT - CustomsCHA - forfeiture of the security - violation of Regulation 13(a) and (d). The allegations are that they did not have an authorisation from M/s. Nelcast Ltd., the importers and they did not advise the importers that the impugned goods were required to be re-exported within a period of six months – Held that:- There is nothing to indicate that the appellant-CHA has acted mala fide in any manner. It is usual in international trade these days for logistic companies to act as agents of the importers and exporters and engage CHAs on their behalf - appellant-CHA did not act mala fide and they had the tacit authorisation of the importers M/s. Nelcast Ltd., to deal with the goods for Customs clearance purposes. It is also clear that M/s. Nelcast Ltd., did not take any action to receive the impugned goods in their own premises and to re-export the same within the required six month period. After giving the required documents and bonds, they cannot claim to be unaware of the clearance of the impugned goods from the Customs. Even after a lapse of nearly a year, they are seen to be threatening the suppliers and M/s. DAMCO that the latter should not attempt to re-export the cargo even though they themselves had executed the Customs bond to re-export the cargo within six months - Strangely the Customs authorities have not taken any action against the importers but have acted against the appellant-CHA in this case, without there being sufficient reason for such action - appeal is allowed.
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