TMI Blog2014 (9) TMI 1213X X X X Extracts X X X X X X X X Extracts X X X X ..... l Order No. A/1362/2014-WZB/C-IV(SMB) and Misc. Order No. M/814/2014-WZB/C-IV(SMB) - Dated:- 22-9-2014 - Anil Choudhary, Member (J) For Appellant: S.N. Kantawala, Advocate For Respondents: Senthilnathan, AR ORDER Anil Choudhary, 1. The appellant M/s. United Arab Shipping Agency Co. (I) Pvt. Ltd. is a shipping agent engaged in the business of providing service to shipping line by way of filing IGM on its behalf and also assisting in moving the unloaded cargo i.e. movement of container from port to the designated CFS as instructed by the shipping line. The appellant has filed present appeal aggrieved by the order dated 27-2-2014 of the Commissioner of Customs (Appeals) whereby a penalty of ₹ 1 lakh imposed on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hipping Lines/Steamer Agents may declare the name of any one Container Freight Station (in the IGM), to where all such unlisted containers can be transported for delivery and inform such CFS accordingly. 1.1 Further facts are that one M/s. Bhatia Shipping Pvt. Ltd. had filed some complain with the Customs authority on 5-7-2012 stating that the appellant shipping agent has denied or refused to Move the containers to the CFS of the importer's choice. Based on such complain, a show-cause notice dated 6-7-2012 was issued without enclosing a copy of the complain, and asked the appellant to show cause as to why penalty should not be imposed under Section 117 of the Customs Act for contravention of the Facility Notice dated 5-2-2011 and as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arges an amount of ₹ 2500/- per container to ensure the return, as it has to employ additional resource of manpower to monitor the container which goes other CFS than the regular CFS of Shipping line. Further, in case the container is lost or untraceable subsequently, the appellant is liable for cost of the container other than import duty on the container along with fine and penalty. The appellant further draws my attention that the show-cause notice is vague as the gist of allegation against the appellant i.e. the gist of the complaint letter is not furnished. The appellant further draws my attention to letter requesting the concerned authority for a copy of the complaint letter so as to give the proper and effective reply to the sh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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