2005 (3) TMI 544

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... der per : S.S. Sekhon, Member (T)]. The appellants are Custom House Licensed Agent (hereinafter referred to as CHA). Vide impugned order, the Commissioner, under Regulation 21 of the Custom House Agents Licensing Regulations, 2004 prohibited the CHA from doing the Customs clearance work at all Zones of Mumbai Customs Commissionerate pending inquiry under Regulation 22 of the Regulations. This .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ed in Group IIB of the Air Cargo Complex by CHA declared the value of each sea lion as US$ 500, whereas Managing Director of M/s. Choice Events Pvt. Ltd., the importer, in his statement dated 30-11-2004 recorded that the cost of each sea lion was US$ 5000 and that they had handed over the invoice showing correct value of sea lion as US$ 5000 to the CHA and the importer in collusion with CHA deli .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s also held to result in the CHA not discharging the duties promptly and efficiently inasmuch as he did not inform the Customs authorities within 48 hours of clearing the consignment, about non-compliance with Customs formalities such as DGFT licences for sea lions, cats and dogs, and there was violation of Regulation 13(n) of CHALR, 2004 to call for the Prohibition order under Regulation 21 of CH .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ployees but also of the CHA firm functioning in other areas, where there is no allegation of misconduct on the part of the CHA. The continuation of the CHA licence in conducting his business would not be in the interest of the Customs and his presence would cause damage to the enquiry and or evidence. Since the CHA has been penalised, order dated 1-1-2005 under the Customs Act, 1962 for the very s .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... cleared the consignment. The CHA cannot be held responsible for misdeclaration of the value of the goods. When invoice given of US$ 500 to him, he has to declare US$ 500 to the Customs. 5. We find in the facts of this case, there is no material to uphold the Prohibition orders issued by the Commissioner. The same are required to be set aside. While ordering the setting aside of the Prohibition .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X