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2018 (1) TMI 924 - HC - CustomsRevocation of CHA License - forfeiture of security deposit - main allegation against the appellant was that the appellant has allegedly allowed Mr.Rajesh to use their licence for monetary consideration which violates the provisions of Regulation 12 of the 2004 Regulations - Held that: - an authorised person was allowed to transact business. At the same time, the Commissioner holds that the said Rajesh may not have done complete acts which are to be done and contemplated to be performed by the Customs House Agent, but the appellant allowed him and thus was not vigilant in fulfilling his obligations and discharging his duties as Customs House Agent. The fraudulent acts attributable to Rajesh and the exporters do not in any manner concern the Customs House Agent before us. The extreme penalty of revocation of Customs House Agent License along with forfeiture of security deposit was not justified - The charge of negligence and non-adherence to the Regulation, in the sense of failing to discharge his duties and responsibilities, has been held to be proved - Since the charge of negligence and nonadherence to the Regulations insofar as failure to fulfill and discharge the responsibilities has been proved, the penalty of revocation of license for a period of five years from 28th February 2013 is justified - security deposit is also rightly forfeited. Appeal allowed in part.
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