Appellate Tribunal Upholds Decision Revoking Customs Agent License for Violating Regulations

SWASTIK SHIPPING AGENCY PVT. LTD. Versus COMMR. OF CUS. (G), MUMBAI

SWASTIK SHIPPING AGENCY PVT. LTD. Versus COMMR. OF CUS. (G), MUMBAI - 2008 (226) E.L.T. 605 (Tri. - Mumbai) Issues:
Violation of Regulations 13(d) and (e) and 20(c) of the CHALR, 2004 by the Customs House Clearing Agent (CHA).

Analysis:

1. Violation of Regulations 13(d) and (e) and 20(c) of the CHALR, 2004:
- The case involved the seizure of analog watch movements misdeclared as plastic parts for toys by DRI officers at Air Cargo Complex, Sahar, Mumbai, from two consignments imported by two firms. The CHA involved, through statements of various individuals, was found to have knowingly facilitated the misdeclaration and import of these goods. The Commissioner upheld the charges against the CHA, leading to the revocation of the CHA license and forfeiture of the security deposit.

2. Regulation 13(d), 13(e), and 20(c) Compliance:
- Regulation 13(d) mandates a CHA to ensure client compliance with Customs Act provisions and report non-compliance to Customs officials. Regulation 13(e) requires a CHA to verify the accuracy of information provided to clients regarding cargo clearance. Regulation 20(c) allows license revocation for misconduct rendering a CHA unfit for customs business. The CHA's direct involvement in the misdeclaration scheme was established through statements and corroborative evidence, leading to the revocation of the license.

3. Corroborative Evidence and Judicial Findings:
- The CHA's involvement was corroborated by statements from various individuals, including employees and importers, confirming the misdeclaration scheme. The High Court's judgment in a related case further supported the CHA's active role in aiding the smuggling of goods through misdeclaration. The Division Bench's precedent highlighted the distinction between direct smuggling involvement and abetting, which applied to the CHA's actions in this case.

4. Decision and Upholding of Charges:
- The Appellate Tribunal, after considering the evidence and legal provisions, upheld the Commissioner's decision to revoke the CHA license due to the CHA's clear involvement in aiding and abetting the misdeclaration of goods. The serious nature of the charges and the established evidence left no grounds for the Tribunal to intervene, resulting in the rejection of the appeal.

This detailed analysis of the judgment highlights the CHA's violations of relevant regulations, the corroborative evidence supporting the charges, and the legal basis for upholding the decision to revoke the CHA license. The Tribunal's decision was grounded in the established facts and legal provisions, emphasizing the seriousness of aiding misdeclaration in customs operations.