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2013 (5) TMI 190 - AT - CustomsAppeal against revocation of CHA licence under Regulation 22(7) of CHALR, 2004. - On a complaint made by a person it comes to notice that appellant, appearing for Regulation 8, Examination of CHALR, 2004 is failed in SSC examination and the graduation certificate submitted by him is bogus/fake and matter was referred to CIU, it is stated that the CHA, deliberately made false statements under Section 108 of the Customs Act, 1962 the CHA squarely failed to discharge their obligation under Regulation 13(n) read with Regulation 19(8) of CHALR, 2004 and merits immediate suspension and even revocation of CHA licence. Appellant submits that department during the course of inquiry proceedings both the charges were held “not proved”, but thereafter the Commissioner held the charges have been proved and consequently revoked their licence,, which is not correct in the light of the decision of the Hon’ble High Court of Judicature at Bombay in the case of Rajan Virji & Co. [2010 (1) TMI 955 - BOMBAY HIGH COURT] Held that - In the course of inquiry proceedings, the inquiry officer has rightly held that the allegations are not covered under the charges under Regulation 13(n)/19(8). As the inquiry officer has held that charge has not been proved, do agree with the report of the inquiry officer that the offences committed by the appellant is “not stand proved” under Regulation 13(n) and 19(8) of CHALR, 2004. As the decision of Hon’ble Bombay High Court in the case of Rajan Virji & Co. is still in force and on merit also the charges leveled against the appellant are not held to be proved as the same are outside the ambit of CHALR, 2004, we set aside the impugned order and withdraw the revocation of CHA licence.
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