TaxTMI 
TaxTMI 
2006 (4) TMI 285
X X X X Extracts X X X X
X X X X Extracts X X X X
....t for customs clearance by one Shri Kailash Chander Joshi. The goods i.e. shawls and stoles of S/B No. 6803995 were examined and found to be over-valued and, therefore, the goods pertaining to other two S/Bs of the same exporter were also examined, on examination, the goods of all the three Shipping Bills were found to be over-invoiced. Samples drawn for market enquiry to confirm the above facts also revealed overvaluation which appeared to have been done with the intention to avail higher DEPB benefits." 2. In view of overvaluation of the export consignments under the aforesaid shipping bills, a show cause notice dated 27-2-2004 was issued to the present appellant M/s. V.K. Jain & Co., CHA asking them to show cause as to why : (....
X X X X Extracts X X X X
X X X X Extracts X X X X
....vance, since it leaves many areas uninvestigated. I have therefore, no option but to decide the matter already available on record." 4. Commissioner reached the finding that "clearing agent have concerned themselves in the filing of these shipping bills and in this manner and allowed unauthorised persons to conduct the business on their behalf in this case in which the goods under reference were found to have been grossly overvalued. The Commissioner found that clearing agent is guilty of contravention of provisions of Regulations 13, 14(b) and 14(1) of erstwhile CHA Licensing Regulations, 1984. Based on this finding, the Commissioner ordered forfeiture of the security furnished by the Custom House Agent in the form of bank guarante....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rtner of exporting firm. 7. It is to be noted that appellant has been found guilty of contravention of provisions of Rule 13, 14(b) and 14(1) of the CHA Licensing Regulations. These provisions stipulate that licence is not transferrable (Rule 13) and CHA shall either personally or through an employee duly approved by the Assistant Commissioner of Customs transact business in the Customs station [Rule 14(b)]. CHA shall ensure that all documents prepared or presented by him or on his behalf are strictly in accordance with orders relating thereto [14(l)]. In the present case, it is not in dispute that the appellant clearing agent had not filed personally or through his authorised persons, the shipping bills in question. The other conne....