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Shri Akshey Gupta Versus CC, New Delhi (Import & Export)

2015 (11) TMI 1088 - CESTAT NEW DELHI

Revocation of CHA licence - forfeiture of whole amount of bank guarantee - illicit export of contraband were done using IECs of various firms which were either not in existence or without the knowledge of IEC holders - Held that:- 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 Cana .....

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d 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 papers, we find the forfeiture of bank guarantee of ₹ 50,000/- will be sufficient penalty. This case does not warrant revocation .....

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/2015 and 61/2015, both dated 23.04.2015. As both deal with similar subject matter they are considered together for disposal. 2. Brief facts common to both the appeals are that M/s.Akshey Gupta are holders of CHA licence issued by the Commissioner of Customs (I&G), New Customs House, New Delhi. Proceedings were initiated against the appellant for violation of various provisions of Customs House Agents Licensing Regulations, 2004/Customs Brokers Licensing Regulations, 2013. After due process, .....

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all 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 h .....

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l these consignment were processed and handled by the appellant for Customs clearances. 5. The licence of appellant was suspended vide order dated 6.9.2013 and later the suspension was confirmed vide order dated 31.10.2013. The suspension was challenged by the appellant before CESTAT. The Tribunal vide order dated 11.03.2015 directed the department to complete the proceedings under Regulation 22 of CHALR, 2004 within 45 days. A show cause notice dated 19.03.2014 was earlier issued to the appella .....

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ice cannot held against them. The KYC norms have been followed by 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. Su .....

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cumentation and clearance through customs. The failure of the appellant, apparently, is one of the contributing factors in the illicit exports. As such, we find no reason to interfere with the findings of the original authority and accordingly dismiss the appeal. Appeal No.C/52258/2015: 9. This appeal is against order No.61/2015 dated 23.04.2013 of Commissioner of Customs (General), New Delhi. The case against the appellant is that as CHA they failed to discharge their obligation in verifying th .....

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mployee of the appellant gave letter of authority. Though the appellant is said to have received KYC documents like driving licence, MTNL telephone bill, Pan card of Shri Sarvesh Kumar, the purported owner of the exporting firm, no cross verification was done by the appellant before filing shipping bill. 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 th .....

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Akshey Gupta, Proprietor argued that the appellant followed normal business practice in entertaining new client for customs wok. They have not violated any provisions of CHALR, 2004 by their act. Further, they have pleaded that they have not presented the cargo for customs and never followed up for any export related work of the disputed cargo with contraband. 12. Ld. AR, Shri Amresh Jain stated that the ld. Commissioner is correct in revoking the licence in view of the failure of the appellant .....

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