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2014 (3) TMI 490 - AT - CustomsRevocation of licence of CHA - Forfeiture of security deposit of ₹ 25,000/- under Regulation 20 (1) read with Regulation 22 of Customs House Agents Licensing Regulations, 2004. - right to cross examination - Held that:- One of the major issues involved in this case is failure to obtain authorization of the importer. It is seen that the importer had taken a different stand before the Hon’ble Madras High Court by swearing an affidavit that he had given authorization to the appellant and before the Enquiry Officer in the present case, he stated that he had not given authorization to the appellant. The appellant requested for cross-examination of Shri Raja Ananthan, Managing Director of the importer company before the adjudicating authority. The Commissioner refused the cross-examination on the ground that no reliance on his statement has been made in arriving at the negligence or dereliction of the obligation cast on the CHA. It appears that the charge of revocation of licence was framed mainly on the basis of failure to obtain authorization of the importer amongst others. In our considered view, the statement of Shri Raja Ananthan of the importer company is relevant for deciding the issue and more particularly, when there is contrary statement available on record, the cross-examination of Shri Raja Ananthan, Director of the importer company is liable to be allowed. Matter remanded to the Commissioner of Customs (Seaport) to decide afresh after allowing cross examination - Decided in favor of appellant.
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