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2014 (9) TMI 858 - BOMBAY HIGH COURTProceedings against CHA - Revocation of petitioner's Customs House Agent license - forfeiture of the security - Held that:- CESTAT has has held that the HSS agreement at the time of clearance was examined by the officers of Customs who cleared the goods and there is no allegation that the said agreement is fabricated one entered into by the parties to the contract. The Tribunal further held that HSS agreement was executed prior to imports, therefore, proceedings under CHALR, 2004 cannot be initiated for this act of the petitioner. Besides on the issue of diversion of goods, the Tribunal has given findings that the petitioner was not in the knowledge of the diversion of goods by the importer. This is for the reason that the petitioner had handed over the imported goods to the representative of the importer. - This court has not granted any interim stay of the order of CESTAT - As a consequence the Commissioner of Customs (General) is bound to implement the order dated 9 October 2012 of CESTAT. - respondent No. 2 is directed to implement the order dated 9 October 2012 of the Tribunal within four weeks from today. - Decided in favor of appellant.
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