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of <h1>Customs House Agent's License Suspension Upheld, Allegations of Illegal Gratification</h1> <h3>SRIKRISHNA LOGISTICS Versus COMMISSIONER OF CUSTOMS (GEN.), MUMBAI</h3> The Appellate Tribunal CESTAT, Mumbai confirmed the suspension of a Customs House Agent's license based on allegations of involvement in collecting ... Customs House Agent’s Licence - Suspension of The Commissioner confirmed suspension of the CHA licence pending enquiry, relying on findings that CHA partners/employees had engaged in collecting illegal gratification - including recovery of cash and documents and an admission that Rs.20,000 was given to an employee for payment of penalties. The Tribunal held there was 'no specific finding that the CHA had knowledge that the employees were collecting illegal gratification' and that the Commissioner's inference of complicity from a payment towards an RTO penalty was insufficient. Applying precedent that a 'CHA firm cannot be held vicariously liable for the act of its employee in accepting bribe' and that 'there must be evidence of involvement of the CHA,' the Tribunal set aside the suspension order. The decision permits the department to proceed with a regular enquiry under the Customs House Agents Licensing Regulations, 2004.
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