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    <title>2008 (10) TMI 560 - CESTAT, MUMBAI</title>
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    <description>A CHA cannot be held liable for aiding and abetting diversion of imported goods, or for failing to report non-compliance, where the record shows only delivery instructions and there is no proof of conscious knowledge, manipulation of transport documents, or participation after clearance. The CHA&#039;s duty was treated as ending once delivery was taken by the importer, and there was no requirement to investigate post-clearance transportation arranged by the importer. Failure to intimate a change in constitution was treated as a technical lapse, so revocation of the licence was held disproportionate and the lesser consequence of forfeiture of security was considered sufficient.</description>
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      <link>https://www.taxtmi.com/caselaws?id=126234</link>
      <description>A CHA cannot be held liable for aiding and abetting diversion of imported goods, or for failing to report non-compliance, where the record shows only delivery instructions and there is no proof of conscious knowledge, manipulation of transport documents, or participation after clearance. The CHA&#039;s duty was treated as ending once delivery was taken by the importer, and there was no requirement to investigate post-clearance transportation arranged by the importer. Failure to intimate a change in constitution was treated as a technical lapse, so revocation of the licence was held disproportionate and the lesser consequence of forfeiture of security was considered sufficient.</description>
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