TMI Blog2015 (11) TMI 1088X X X X Extracts X X X X X X X X Extracts X X X X ..... al business practice is not acceptable. It has been established that no verification of genuineness/existence of exporters have been made by the appellant before accepting the work of handling the consignment for documentation and clearance through customs. The failure of the appellant, apparently, is one of the contributing factors in the illicit exports Though the appellant did file electronically the shipping bill, thereafter they did not do any further work relating to the export cargo - revocation of CHA licence is too harsh a consequence for the omission of appellant as they were not involved in any act of entering and presenting the cargo and processing the document with the customs. Hence, for the failure to cross check the KYC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e) 13(o) of the CHALR, 2004 (Regulation 11(e) 11(o) of CBCR, 2013. These provisions of CHALR, 2004 are as below:- Regulation :13 (e) : A Customs House Agent shall exercise due diligence to ascertain the correctness of any information which he imparts to a client with reference to any work related to clearance of Cargo or baggage; Regulation :13(o): A Customs House Agent shall verify antecedent, correctness of the Importer Export Code (IEC) Number, identity of his client and functioning of his client at the declared address by using reliable, independent, authentic documents date or information. 4. A case involving one Shri Paramjeet Singh Gulati and his associates were investigated by the officers of DRI, Delhi. It was re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... them and the details have been taken over by the investigating officers during initial stage of investigation itself. 7. The ld. AR, Shri Amresh Jain submitted that the violations of provisions of CHALR, 2004 have been well brought out in the impugned order, as such, the appeal deserves to be dismissed. 8. We have heard both the sides. The case mainly deals with failure of appellant to discharge his obligations as licensed CHA. Such failure contributed to the contrabands being exported out of country. In one specific case 30 kgs of Ketamine, prohibited under NDPS Act, was found to be exported to Canada. The plea of the appellant that the duties prescribed under the Regulations are impractical and against general business practice is n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll. 10. Proceedings were initiated against the appellant. The licence was suspended on 2.5.13 and later the suspension was confined on 10.05.2013. A show cause notice was issued on 28.05.2014 and the enquiry officer submitted his report on 13.04.2015.The suspension of licence was challenged before CESTAT. The CESTAT vide order dated 11.03.2015 directed the department to complete the proceedings within 45 days. The impugned final order dated 23.04.2015 was issued by the Commissioner revoking the CHA licence and forfeiting the bank guarantee for ₹ 50,000/- given by the appellant. The present appeal is against this order. 11. Ld. Counsel for the appellant, Shri Puneet Kumar Rai and Shri Akshey Gupta, Proprietor argued that the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mitted to Sumit for verification and confirmation of the contents as is the normal practice. It is also on record that Shri Akshey Gupta, CHA, had produced KYC documents during the investigations and has cooperated in the investigation. There appears to be no doubt that M/s. Akshey Gupta were made fool of by Shri Sumit by getting the Check List generated and thereafter getting the clearing done at ICD, Loni by presenting himself as the representative of the exporter. 14. Considering the above factual position, we find revocation of CHA licence is too harsh a consequence for the omission of appellant as they were not involved in any act of entering and presenting the cargo and processing the document with the customs. Hence, for the fai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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