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2015 (7) TMI 924 - AT - CustomsRevocation of CHA License - forfeiture of the security deposit - contravention of Regulation 13(a) - held that:- There is no allegation made by the appellant as urged before us that proper procedure of inquiry was not followed or there has been any violation of the principles of natural justice either by the Inquiry Officer or by the adjudicating authority. The only contention is that the evidence adduced by the appellant has not been properly appreciated and the punishment of revocation for the contravention of the CHALR, if any, is grossly disproportionate to the offence committed. - As regards the charge of contravention of Regulation 13(n) of non-discharge of their obligations with utmost speed and efficiency, Shri C.H. Menon in his confessional statement has admitted to non-verification of the correctness of the classification declared in the bills of entry handled by Mr. Ashley. Later on it was found that M/s. J.M. Traders and M/s. Kirmi Expo had misdeclared the classification of laminated sheets imported by them and this position has been admitted by the importers themselves before the Settlement Commission. If that be so, the appellant CHA could not be said to have discharged his duties and obligations with any efficiency at all. It is thus evident that the appellant has been grossly negligent in the discharge of his statutory functions. As regards the charge of contravention of Regulation 13(k), it is an admitted fact on record that the charged CHA did not maintain any import or export register showing details of the consignments handled by them and the dockets maintained by them were incomplete and they did not have the authority letters in many cases and the CHA delivery challans for having delivered the goods to the importers after clearance by the Customs. A case of sub-letting of licence by CHA, obtaining Customs pass for non-employees, removal of goods without obtaining authorisation from importers was considered by the Hon’ble High Court of Gujarat in OTA Kandla Pvt. Ltd. [2011 (3) TMI 801 - GUJARAT HIGH COURT]. The Hon’ble High Court upheld the contention of the Revenue that sub-letting amounted to transfer of CHA licence and refused to interfere with the punishment of revocation of CHA licence awarded by the Commissioner of Customs, the Licensing authority. - Further decision in the case of Commissioner of Customs v. Worldwide Cargo Movers [2006 (11) TMI 281 - BOMBAY HIGH COURT] followed - no reason to interfere with the decision of the Adjudicating authority - Decided against the appellant.
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