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2003 (7) TMI 518

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.... Rajeev Tandon, SDR, for the Respondent. [Order per : Justice K.K. Usha, President]. - Challenge in  this appeal is against the order passed by the Commissioner of Customs (I & G), New Delhi dated 11-7-2003 ordering continuation of the suspension of licence issued to the appellant as Custom House Agent.  Initially by order dated 10-6-2003 Custom House Agent licence of the appellant....

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....Commissioner has held that the appellant was subletting their name to unauthorised persons for clearance of international cargo which is in contravention of the rules. To prevent CHA from misusing the licence, the Commissioner took the view that it is a fit case for suspension of the licence till investigations are completed in the matter. The Commissioner has entered a finding that the appellant ....

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....as subletting its licence to them. M/s. DCFC Logistics (P) Ltd. is freight forwarder, Break Bulk Agents, IATA and consolidating Agents having agents worldwide. They are in the business of Supply Chain Management of International cargo.  Since they do not hold any Custom House clearance licence, they recommended the name of the appellant to their customers for Custom Clearance work for import ....

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.... Indo International Shipping Services. They did not express good reference about him. M/s. Indo International Shipping Services had denied any subletting of the licence by the appellant to them. 3. On going through the materials relied on by the Commissioner we find that they are not sufficient to come to a prima facie conclusion that the appellant was guilty of subletting its licence to M....