TMI Blog2016 (3) TMI 1034X X X X Extracts X X X X X X X X Extracts X X X X ..... art of the appellant. Nothing can possibly be a graver mis-conduct on the part of a CHA than to file Shipping Bill without making even preliminary enquiries about the genuineness of exporter in the name of which the S/B was filed. Such dereliction of duty on the part of a CHA, can potentially have even graver financial/security consequences. Thus the appellant totally failed to discharge its duties as CHA as laid down in Regulation 11 of CBLR 2013. Therefore, by applying the decision of Hon'ble High Court in the case of CC (General) versus Worldwide Cargo Movers [2006 (11) TMI 281 - BOMBAY HIGH COURT ], the Custom Broker licence continued to be suspended. - Decided against the petitioner - Customs Appeal No. 55392 of 2014 - - - Dated:- 16- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner's order does not spell out any immediate action which was required to be taken in the matter or any such action was warranted. It also cited the judgment in the case of Kothari Sons vs. C.C., Jaipur - 2000 (122) ELT 828 (Tribunal) to advance the proposition that the order of suspension must indicate that Commissioner has formed an opinion that immediate action was necessary to suspend the licence. It also cited the following case-law to advance the proposition that merely because the goods were received from freight forwarder, no suspension was called for: (a) Kunal Travel (Cargo) vs. .C.C., New Delhi - 2005 (180) ELT 345 (Tri-Del.) (b) Sidhant Logistics vs. C.C., New Delhi - 2014 (303) ELT 545 (Tri-Del.) (c) Bar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... produce such authorisation whenever required by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be; (d) advise his client to comply with the provisions of the Act and in case of non-compliance, shall bring the matter to the notice of the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be; (n) verify antecedent, correctness of Importer Exporter Code (IEC) number, identity of his client and functioning of his client at the declared address by using reliable, independent, authentic documents, data or information; Thus in terms of Regulation 11(n) of CBLR, 2013 the Customs Broker is required to verify the antecedent, correctness of IE code, identity of h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... but against an order which confirmed the continuation of suspension. We find that the Commissioner has analysed the facts and circumstances to form a clear opinion that continuation of suspension of CB licence is warranted. In the case of Worldwide Cargo Movers - 2010 (253) ELT 190 (Bom.), the Bombay High Court apart from upholding the principle of liability of the CHA for the act of its employees went on to observe as under: 27. We have noted what the Tribunal has observed in the impugned order. In our view, the finding given by the Enquiring Officer and thereafter the order passed by the appellant in original are fully justified on the facts of the case. The authorities relied upon by Mr. Kantawala undoubtedly are mostly of the Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In our view, the Tribunal has committed a grave error in interfering with the decision of a domestic authority. In a departmental proceeding one has to see whether the principles of natural justice are followed and the findings are justified from material on record. Once both these aspects are satisfied if an outsider Tribunal interferes, its findings and order will b,e improper and perverse which, is what has happened in the present case. Similarly when one comes to the disciplinary measures, one must not lose sight of the fact that the appellant-Commissioner of Customs is responsible for, happenings in the Customs area and for the discipline to be maintained over there. If he takes a decision necessary for that purpose, the Tribunal is n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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