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2016 (6) TMI 910 - CESTAT HYDERABAD

2016 (6) TMI 910 - CESTAT HYDERABAD - TMI - Renewal application of CHA license - subletting of the license - allegation that blank documents duly singed were handed over by CHA to other person for transacting business with customs for purely monetary consideration - when the respondent filed application for renewal of license, he was asked to show cause why his application for renewal should not be rejected. Shri K.Vijaya Kumar, G.Card holder was also issued Show cause notice, why action should .....

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espondent to furnish any further evidence if necessary. - Decided partly in favor of revenue. - Appeal No. C/235/2007 - A/30467/2016 - Dated:- 19-5-2016 - Ms. Sulekha Beevi, C.S. Member(Judicial) And Mr. Madhu Mohan Damodar, Member(Technical) Shri Ajit Kumar, AR for the Appellant Shri Mohd.Anwar Ali, Advocate for the Respondent ORDER [ Order per: Sulekha Beevi, C.S. ] 1. This is an appeal filed by Revenue against the order passed by Commissioner, which dropped further proceedings as per the show .....

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e it was noticed that licensee s performance was not satisfactory. During the investigation into the case of mis-declaration of LCD projectors by certain importers, the premises of M/s Unique Logistics, Hyderabad was also searched. Certain copies of blank shipping bills and bills of entry signed by Sri M.G.Khan proprietor of the respondent CHA firm was recovered. During the investigation, it was learnt that M/s Unique Logistics was run by Shri K.Vijay Kumar, G card holder of M/s M.G.K. Associate .....

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nd Shri Jameeluddin in the name of CHA firm, that these persons are running a logistic firm by name M/s Unique Logistics and also attend to the Customs Clearance work in the name of M.G.Khan; that these two persons collected CHA charges and issued bills to clients; that they paid lumpsum amount of ₹ 10,000/- per month to Shri M.G.Khan for using M.G.Khan s CHA Firms names. Shri Khan inter-alia, stated that though there is no written agreement to that effect, he get approximately ₹ 100 .....

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uments in sets of five or six and kept the same in the office of the Unique Logistics run by his G card holders as he sit mainly at Air Cargo Complex and the said persons are like his employees doing marketing, though no salary is paid to them. 3. Shri K.Vijaya Kumar of M/s Unique Logistics stated that he is sole proprietor of M/s Unique Logistics and is a G.card holder, associated with CHA License by name M/s M.G.K.Associates (respondents herein). That for Customs Clearance purpose, he took bla .....

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oods imported and for trying to throw the responsibility on importer stating that they did not supply RSP labels for affixing such labels on imported goods. 5. Similarly, show cause notice was issued to respondent, proposing penalty as he signed the Bills of Entry and got them filed by importer through G.Card holder, Shri Vijaya Kumar for failing in duty to correctly guide importer in declaring and affixing correct RSP labels on packaged commodities, and trying to throw the responsibility on G-c .....

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travened the provisions of Regulation 13 of CHALR, 2004. That CHA license holder (respondent herein) has failed to exercise proper supervision to ensure proper conduct of his employees Shri K.Vijaya Kumar, in transacting the business as agent of his CHA firm, as provided in Regulation 19(8) of CHALR, 2004. 6. In view of the above, when the respondent filed application for renewal of license, he was asked to show cause why his application for renewal should not be rejected. Shri K.Vijaya Kumar, G .....

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ven to Shri Vijaya Kumar to fill up necessary particulars and file the same before Customs authorities. That handing over signed blank bills is only for the purpose of filling up the particulars before filing before Customs. That he or his employees have not violated law. 8. Shri K.Vijaya Kumar submitted reply to the notice stating that he has discharged his duties as G card holder of M/s M.G.Khan, CHA (respondent herein) with clean record; that he has attended to customs clearance as G card hol .....

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ot retracted. That these statement hold precedence over the reply. Thus the contravention of Regulation 13(b) of CHALR, 2004 is therefore established. It is also observed that whatever be the situation, the respondent ought not to have handed over signed blank documents to the G-Card holder. That this conduct establishes the violation of regulation 13(k) of CHALR, 2004. 10. The issue with regard to the role played by respondent in mis-declaration of RSP by the importer was yet to be taken up for .....

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on for transacting business with customs for purely monetary consideration, the respondent cannot be allowed to have his CHA license renewed. Though we put direct questions to the counsel appearing for respondent as to the details of remuneration received he could not throw much light. We find that though it is alleged that respondent received consideration of ₹ 10,000/- per month, there is no evidence to support this allegation, except the statements. There is no document evidencing the s .....

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