TMI Blog2012 (6) TMI 466X X X X Extracts X X X X X X X X Extracts X X X X ..... ick and choose. In this case, Commissioner of Customs (General) has followed the policy of pick and choose and there is no consistency in decision while dealing the same situation, thereby he revoked the CHA licence of the appellant which cannot be permitted. We do not find any merit in the impugned order, the same is set aside. - C/981/2010; - A/248/2012/Cstb/C-I - Dated:- 4-4-2012 - Ashok Jindal, P.R. Chandrasekharan, JJ. Anil Balani, Adv. for the Appellant Sanjay Kalra, Appraiser (AR) for the Respondent Ashok Jindal, Judicial Member 1. The appellant namely M/s Baraskar Bothers has preferred this appeal against the order of revocation of their CHA licence No. 11/97 vide order dated 29.1.2010. 2. The facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... delay and not ensured the proper conduct of any such employees in the transaction of business as agents and be held responsible for all acts or omissions of his employees in regard to their employment. An inquiry was conducted and during the course of enquiry, it was informed that on verification of DGFT website on the internet, both the exporters were registered with JNCH. Further, the appellant also noted the Drawback account of the said two firms was also maintained at JNCH in which Drawback claim would have been credited. The Inquiry Officer found that charges against the appellant under Regulations 13(d) and 13(n) stands proved and under Regulation 19(8) has not proved. 3. On the basis of inquiry report, personal hearing was grante ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shipping bills without verifying the genuineness of the exporter is not sustainable at all, as they have confirmed from the DGFT website that both the firms are registered with JNCH. To support his contention, he relied on the decision of the Tribunal in the case of Thawerdas Wadhoomal vs. Commissioner of Customs (General), Mumbai reported in 2008 (221) ELT 252 (Tri-Mum). He further submitted that in the case of Setwin Shipping Agency vs. Commissioner of Customs (General), Mumbai vide Order No. A/249/09/CSTB/C-I dated 17.9.2009 who also dealt with the same exporter, who were involved in the same investigation in DRI and in that case this Tribunal has revoked the order of suspension of CHA licence and the Commissioner of Customs (General), M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tainable. Further, we observe that in similar set of facts in the case of Setwin Shipping Agency (supra) wherein the same charges were made against the CHA and in that case, this Tribunal has held that CHA need not to be responsible for verifying the contents of the exporter. Thereafter, this Tribunal has revoked the order of suspension of CHA licence and the said order was accepted by the Commissioner of Customs (General), Mumbai. In the case of Thawerdas Wadhoomal (supra), this Tribunal has held that CHA files shipping documents on basis of material given to him by his clients and if in case of such exercise of his functioning, he believes in good faith that these documents were genuine, he is not liable to penal action. We further find t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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