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2015 (11) TMI 500 - AT - CustomsSuspension of CHA License - Levy of anti dumping duty - Appellants signed the blank documents for clearance of import of the said consignment without knowing the importer and without authorization from the importer - Held that:- As per the violation of CHALR, the sole proprietor of CHA himself had admitted that he signed blank documents, Bill of Entry without verifying the identification of the importer on the advice of persons of M/s.Dayspring Shipping Pvt. Ltd. and without obtaining authorisation from importer. We find that there is no allegation that appellant abetted or contravened any provision of Customs Act in the import of goods nor any notice was issued against him under Customs Act for contraventions of provisions of the Customs Act. This being the facts of the case, there is no justification for extreme penal action of revocation of licence. In this regard, we find that the Tribunal in the case of K.S. Sawant & Co. Vs CC Mumbai [2013 (12) TMI 119 - CESTAT, MUMBAI] held that a punishment to CHA should be commensurate with gravity of the offence and held that punishment of revocation of licence should be invoked as a extreme and harsh measure. - revocation of licence or any punishment on the CHA should be commensurate with gravity of the offence whereas the adjudicating authority ordered for revocation of CHA licence and forfeiture of deposit which appears to be very harsh when compared to the nature of lapse. Therefore, the revocation of licence and forfeiture of security deposit is liable to be set aside. - Decided in favour of appellant.
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