2004 (2) TMI 638

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....ent; that he had been granted 'G' Card under Regulation 20 of the Customs House Agents Licensing Regulations, 1984 to assist the proprietor of M/s. Skyways, Shri S.L. Juneja, who has filed the necessary authority in his favour with the Customs authorities as required under Regulation 20(5) of Regulations, 1984; that he was also engaged in the business, dealing with freight, forwarding, mainly transportation, carriage, courier, air freight and sea freight for domestic and international cargo; that in respect of the said business, he was the proprietor of the firm, known as Transworld Cargo & Travels and a Director in the company known as TCT Cargo & Travels Pvt. Ltd.; that he had gone abroad during the period from 4-8-97 to 12-8-97 and he ha....

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....o mala fide can be attributed to him; that he had clearly instructed his staff not to delay the clearance of the assignments in his absence and obtain the signature of Shri S.L. Juneja, CHA; that, moreover, instead of obtaining the signature of the CHA, his employee signed himself as Ashok Kumar Kalra; that, no doubt, this act of the employee was improper but the error was committed by the employee without the knowledge of the appellant who was out of India at the relevant time; that the Inquiry Officer has mentioned in his report that the error committed by the employee probably for expeditious clearance cannot be taken to be the indicator of mens rea on the part of CHA to export overvalued goods; that as such there is no reason for cancel....