TMI Blog2014 (3) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... ine, he is not liable for penal action - appellant has obtained proper authorization and the shipping documents were filed by the appellant’s employee were having the customs pass of the CHA therefore, the charges framed against the appellant are not sustainable - License revoked. - C/266/2011-Mum - Final Order No. A/554/2013-WZB/C-I(CSTB) - Dated:- 18-3-2013 - Shri Ashok Jindal and S.K. Gaule, JJ. Shri Prasad Paranjape, Advocate, for the Appellant. Shri M.S. Reddy, Asst. Commissioner (AR), for the Respondent. ORDER The appellant is in appeal against the impugned order wherein their CHA licence No. 11/654 has been revoked under Regulation 22(7) of CHALR, 2004. 2. Brief facts of the case are that on information received f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duty drawback amount of Rs. 2.14 crores has been kept on hold. (v) The above stated exports caused by Shri Vishwas Gaonkar were handled by Shri Christopher Trini Lopez who was using the CHA Licence of M/s. LMS Transport Co. CHA No. 11/654. Statement of Shri Christopher Trini Lopez was recorded on 5-3-2009 under Section 108 of the Customs Act, 1962. He stated that he was one of the partners in M/s. Eeeco Logistics having its office at C-215, CBD Belapur Railway Complex, Navi Mumbai, where his other partner was Shri Vishwas Gaonkar, that he had attended to large number of export consignments of his clients including those which were assigned to him by Shri Vishwas Gaonkar by using the CHA Licence of M/s. LMS Transport Co., CHA No. 11/65 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with any person belonging to the exporting firms, in whose name exports were caused and their clearances were handled by Shri Christopher Lopez. 3. Therefore, it was alleged that Shri Christopher Lopez of M/s. Eeeco Logistics was clearing the export consignments on the strength of CHA licence of the appellant. The appellant with conscious knowledge allowed the misuse of the name and their licence for monetary gain. Therefore, charges for violation of Regulation under Sections 12, 13(a), 13(b) were framed and an enquiry officer was appointed. Thereafter, impugned order has been passed on the ground that the appellant had sub-letted their CHA licence and conducted the business without obtaining proper authorization from the exporters, have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... admitted fact that the appellant allowed Shri Lopez to use their licence for money consideration. Therefore, the adjudicating authority has rightly revoked the licence. 7. Considered the submissions made by both the sides. 8. The licence of the appellant has been revoked mainly on two grounds i.e. (i) they have sub-letted their CHA licence; and (ii) they were not having proper authorization from the exporter. 8.1 From the records and various statements recorded during the course of enquiry it is clear that the clearance of the export consignment were conducted by the employee of the appellant and not by Shri Lopez. Shri Lopez was bringing business for the appellant and the same issue was dealt with by the Tribunal in the case of K.S. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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