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2019 (11) TMI 621 - AT - CustomsRevocation of CHA License - forfeiture of security deposit - not obtaining authorization from the importer - violation of Regulation 10(a) of the CBLR, 2018 - not advising the client - violation of Regulation 10(d) of the CBLR, 2018 - non-compliance with due diligence - Regulation 10(e) of the CBLR - non-verification of Regulation 10(n) of the CBLR - HELD THAT:- Out of the 4 violations alleged against the appellant, the Inquiry Officer has exonerated the appellant under Regulation 10(e) and 10(n) and has only found the appellant violating Regulations 10(a) and 10(d) which pertains to not obtaining authorization from the importer and not advising his client properly. As far as verification of the documents are concerned, the appellant has been exonerated and we find that the appellant was approached by one Mr. Alexander Nathan who is alleged to be the employee of the importer as per his own statement which remained unrebutted till today shows that the appellant has been properly authorized by Mr. Alexander Nathan by handing over the necessary authorization and KYC documents which were properly verified by the appellant. Further in view of the various decisions relied upon by the appellant, it is not necessary that the Customs Broker should personally verify the premises of the importer. Once the Customs Broker has been approached by the employee of the importer and he has verified the necessary documents, then there cannot be any allegation of violations against the CHA - Further the impugned order says that the appellant has not advised the importer without specifying as to what advice was required to be given by the appellant and the same was not given by the appellant to the importer. The impugned order is not sustainable in law - Appeal allowed - decided in favor of appellant.
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