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2016 (3) TMI 1034 - CESTAT NEW DELHI

2016 (3) TMI 1034 - CESTAT NEW DELHI - TMI - Seeking modification of confirmation order - Continuation of suspension of Custom Broker licence in terms of Regulation 19(1) of the CBLR, 2013 - Violation of Regulations 11(a), 11(d) and 11(n) of CBLR, 2013 - Misdeclaration of packages of Jaipur Bench and Wooden Floor Lamps exported and and illegal export of red sander and sandal wood - Held that:- it is evident that the appellant was handling the consignment of the said exporter for the first time b .....

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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:- 16-9-2015 - G Raghuram, President And R K Singh, Member (T) For the A .....

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11(n) of CBLR, 2013 2. The facts of the case are as under: The appellant filed shipping bill No. 9816453 dated 1.2.2014 in respect of exporter M/s All Crafts Exports. It was found during examination of the consignment that it consisted of 463 packages instead of declared 390 packages of "Jaipur Bench and Wooden Floor Lamps". In addition, red sander wood and sandal wood was found concealed in the consignment. Red sanders and sandal wood are prohibited for export. Having regard to the g .....

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o 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: .....

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he present case, not only the goods were misdeclared but the red sanders and sandal wood was found concealed in the consignment. As has been spelled out in CBEC Circular No.9/2010-Cus dated 8.4.2010, in the case of individuals features to be verified by a Custom broker while taking up the assignment are (i) legal name and any other names used (ii) present and permanent address in full, complete and correct. It has been admitted by the appellant that it did not conduct verification of permanent a .....

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ker to (a) obtain an authorisation from each of the companies, firms or individuals by whom he is for the time being employed as a Customs Broker and 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 .....

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ents data or information. It is evident that the appellant was handling the consignment of the said exporter for the first time but had neither met the exporter nor verified its antecedents. It did not verify its permanent and present address. This constitutes serious violation of Regulation 11 of CBLR, 2013 on the part of the appellant. 5. The judgment in the case of Bombay Shipping Agency (supra) cited by the appellant held that having regard to the facts and circumstances of that case suspens .....

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ry 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. We may add here that the present appeal is not against preliminary suspension but against an order which confirmed the continuation of suspension. We find that the Commissioner has analysed t .....

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in original are fully justified on the facts of the case. The authorities relied upon by Mr. Kantawala undoubtedly are mostly of the Tribunal. Even the judgment of the Calcutta High Court speaks about the suspension of licence not to be continued indefinitely. Here, we are concerned with revocation which has been resorted to after a due enquiry. We are conscious, that the" punishment has to be commensurate with the misconduct and that by revocation the respondent and its employees are going .....

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ra), the CHA was held responsible for the fraudulent activities of a third party whom it had delegated, its functions, That was also left undisturbed by the Supreme Court. The present case is some what similar to one of Sri Kamakshi Agency, if not worse, Here, the CHA has brazenly defended his Regulation 8 employee who gave a fake name of his brother as an importer for undervaluing the imported car. Thus, the employee of the CHA was party to the Firm. The CHA has not disowned him and has, in fac .....

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er 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 not expected to interfere on the basis of its own notions of the difficulties likely to be faced by the CHA or hi .....

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