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TMI Blog2013 (7) TMI 56X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant for the purpose of suspension of his license. First is that he had filed false and incorrect declaration in respect of imports made by one importer M/s. White Lotus International who cleared the restricted goods against license issued for some other goods. It is seen that proceedings against M/s. White Lotus International were initiated along with proposal for imposition of penalty on CHA. The said proceedings stand concluded by the order of Additional Commissioner of Customs. Nhava Sheva vide his order dated 21.2.03 and it stands held as under:- "With regard to proposed penal action under section 1112(b) of the Customs Act, 1962, against CHA firm and their persons concerned, I find that there is no act of willful and guilty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Sunshine Enterprises, which were declared as plastic and wooden hangers. However, on examination the said goods were found to be concealing memory cards inside wooden hangers. Investigations were conducted and the importer accepted the offence. The Commissioner has dealt with said grounds by observing as under: "58. It was alleged in other case that the CHA company has gone hand in glove with M/s. Sunshine Enterprises by deciding to overlook the obvious deficiencies and allowed importer to attempt import of the restricted items/misdeclared items, I find that though the CHA submitted that they are not responsible for mis-declaration of goods by importer, but they should have been more diligent in performing their duties as a responsible C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that since the same has not been adjudicating, present suspension proceedings of CHA license should be kept in abeyance. 7. We do not agree with the above contention of the learned DR. Admittedly, penal proceedings in the Customs Act are different than the proceedings in the CHA licensing Regulation Act. The suspension of the license involves not only the livelihood of CHA but also of various other persons employed by him. In any case, the penal proceedings under Section 112 does not have any implication or effect on the present suspension of the license under the License Regulation. 8. As already observed by us there is not even iota of evidence reflecting upon any knowledge on the part of CHA as regards concealment of memory cards in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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