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2015 (7) TMI 882 - AT - CustomsRevocation of CHA License - Contravention of Regulations 13(a), 13(d) and 13(e) of CHALR, 2004 - Held tat:- CHA have not met the client at all and they have received the documents through a freight forwarder. Therefore, the question of advising the client would not arise at all. As regards the third charge of not exercising due diligence in ascertaining the correct of the any information, to undertake this task, the CHA should know his client. If he does not know who the client is, he cannot exercise any diligence in ascertaining the correctness of the information furnished. Therefore, the charge of contravention of regulation 13(e) also stand clearly established. It is also relevant to note that in the customs proceedings in respect of the impugned transaction, both Sri. Prakash Charatkar, Manger of the appellant CHA firm as also Shri. Baburao K Chinta, Proprietor of Max Shipping Services, the freight forwarder have been found guilty and penalised under the provisions of section 114 of the Customs Act vide order dated 29-6-2007. We are informed that this order has not been appealed against and has become final. Thus the order of the adjudicating authority in the customs proceedings also support the department's case in the CHALR proceedings. Therefore, we do not find any fault in the conclusion drawn by the Licensing authority that the appellant CHA had contravened the provisions of Regulation 13(a), (d) and (e) of CHALR, 2004. Whether the punishment of revocation of licence is proportionate to the gravity of the offence committed - Held that:- goods sought to be exporter were banned items. The exporter was found to be fictitious and not existing in the address given. Thus the facts are different and distinguishable. As regards the reliance on Ashiana Cargo Services decided by the hon'ble High Court of Delhi, in the said case there was a concurrent finding by the Licensing authority and the Tribunal that the CHA did not have knowledge that illegal exports and smuggling of narcotics was effected using G cards given to the employees of another firm. In that context, it was held that revocation is not justified. In the facts of the case before us, it is the appellant's Manager who was found abetting the illegal exports of a banned item. Further the exporter was also found to be fictitious. - Decision in the case of Commissioner of Customs vs. Worldwide Cargo Movers [2006 (11) TMI 281 - BOMBAY HIGH COURT] - No reason to interfere with the findings and decision of the Licensing authority in the impugned order - Decided against the appellant.
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