TMI Blog2001 (9) TMI 148X X X X Extracts X X X X X X X X Extracts X X X X ..... him are raised on the parties other than the importers/exporters for whom such clearance work had been done, that such bills ought to have been raised to the particular exporters/importers by CHA for services rendered by him. It is alleged that since in these cases, the CHA had not received the payment from the concerned parties directly, leading to the belief that the CHA licence had been transferred to the parties who are not authorised to do customs work. This appears to be in violation of the provisions of Regulations 13 and 14(a) of the Customs House Agents Licencing Regulations (CHALR), 1984. Dr. Nitish Birdi, Deputy Commissioner (Disposal) is therefore appointed as Inquiry Officer in terms of Regulation 23 and the CHA is asked to gi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated time period even after the Department acceded to their request for extension of time. But instead of coming forward and giving their view point they deemed it fit to reply through their Advocate only. They are making a mockery of the whole system including the inquiry proceeding. They have little fear of the circumstances around them. They are trying to buy time and are continuing their nefarious activities as long as their licence is alive. It is pertinent to pass strictures on the Advocate (representing the CHA) also who instead of personally coming and representing the party choose to deliver letter after letter. I proposed to reprimand them. Taking into account all the evidences available on record I propose that : 1. In the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sub-agents never sought any clarification or permission from the Policy Section on this issue... It is derived that he had sold his licence to the monetary gains as stated by the CHA himself that sub-letting takes place when the customs house agents transfers the licence to somebody who is not authorised to do customs work and charges money from the said person for the said use of the licence. To say so that he is doing it only to gain business without monetary consideration is against the principles of the business. 4. On receipt of the above Inquiry Report, the noticee filed his reply dated 29-12-2000 before the Commissioner of Customs. The Commissioner vide his Order-in-Original dated 18-4-2001 held that the charges made in the show ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... these exporters/importers. The CHA therefore appear to have sub-let the customs clearance work to the parties not authorised to do customs clearance work and the CHA was receiving mutually agreed amount from such parties. Such a practice it is alleged amounts to violation of the Regulation 13 of CHALR, the noticee has rebutted these allegations by contending that the above named parties are in fact working on behalf of the said importers/exporters and that Section 147 of the Customs Act, 1962 provided such arrangement in terms of which when any person is expressly or impliedly authorised by the owner, importer/exporter of any goods to be his agent in respect of such goods for all or any of the purposes of this Act, such person shall, witho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sfer are not defined either in the regulations or in the Act. However, a sale or the transfer has to be for some consideration and it is not the case of the Department that the appellant received some consideration from the said parties for the sale or transfer of his licence. On the contrary, the case of the department is that the appellant had received only service charges through these parties and not from importers/exporters directly. As rightly contended by the appellant, there is no provision in the regulations that a CHA should receive payment directly from the importers/exporters for the services rendered by him to them. The CHA further alleged to have violated the provisions of Regulation 14(a) and (b). These regulations provide as ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
