2006 (12) TMI 283

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..... Shri U.H. Jadav, J.D.R., for the Respondent. [Order]. - After admitting the appeal and allowing the stay petition, I proceed to decide the appeal itself inasmuch a short issue is involved. 2. Appellant is a CHA and has been penalized with personal penalty of Rs. 15,000/- on the finding that he has failed to perform his duties as per CHA Regulations, 2004 and has contravened Regu....

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....said two containers, there was instruction to open the containers for examination. Both the shipping bills were presented for registration well before the sailing date of the vessel M. V. Rio Voyage 11. The CHA i.e. M/s. Safe Clearing and Forwarding Ltd. have stated that they had informed the concerned steamer agents i.e. M/s. Sea Bridge Maritime Agency Pvt. Ltd. and M/s. Triton Logistics and Mari....

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....ous Ltd. to get NOC from M/s. Sea Bridge Maritime Agency Pvt. Ltd. for examination of the container. Further, in his statement dated 27-10-2005, Shri Venugopal Nair, Director of M/s. Ocean Cargo Link Pvt. Ltd., has stated inter alia that on 20-10-2004 at 23.50 hrs. they received fax message from M/s. Safe Clearing & Forwarding Pvt. Ltd., that the said fax was addressed to M/s. Sea Bridge Maritime ....

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....nd the vessel have already sailed. In view of the above, I hold that the appellant has taken reasonable precaution to place the container for examination by the customs. Tribunal in the case of Shree Shipping Services v. Commissioner of Customs, Airport, Mumbai - 2005 (179) E.L.T. 284 (Tri.-Mumbai) has set aside the personal penalty imposed on the clearing agent for allowing the goods to be sailed....