TMI Blog2008 (3) TMI 237X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant, Shri D.P. Mukhopadhyay, SDR, for the Respondent. [Order] - This appeal is directed against the Order-in-Original No. 78/2007/CAC/CC(I)/SP/CIV dated 15-6-2007. 2. The relevant facts that arise for consideration are that the appellant is a CHA and was employing many persons for different works of CHA. One of employees resigned and started the business in his own name i.e. M/s. Durga Shipping Agency by using the licence of current appellant. The current proceedings were initiated against the appellant for imposition of penalty on the ground that there was a removal of goods unauthorisely from the Dock area. A show cause notice was issued to the appellant proposing for imposition of penalty under Sections 112 and 117 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as suspended by the lower authority on 19-11-98 and against that they came in appeal before the Tribunal and the Tribunal set aside the suspension of CHA licence. He submits that an enquiry was conducted by the department and in the enquiry report, their CHA licence was revoked. On such revocation of licence, they filed an appeal before the Tribunal and the Tribunal, vide Order No. A/422/2005-WZB/C-I dated 9-5-2005 has set aside the said revocation and restored the licence [as reported at 2005 (187) E.L.T. 245 (Tri-Mum]. It is his submission that the goods, which were not found in the containers, were stolen by some other person and they were not aware of such theft. As such, the question of imposition of penalty even under Section 117 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the CHA licence of M/s. D.H. Patkar Co. on payment of commission. M/s. D.H. Patkar Co. (CHA No. 11/128) is, therefore, liable to penalty under Section 117 of the Customs Act, 1962." It can be seen from the above reproduced portion that the penalty has been imposed under Section 117 of the Act, which is a residuary Section enabling the authorities to impose penalty for the contravention of any other provision of the Act. From the above reproduced findings of lower authorities, it seems that, at best the provisions of CHALR, 1984 would be applicable. It is seen from records that, only charges, which has been levelled and held against the current appellant is that they allowed their licence to be used for monetary consideration from M/ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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