2011 (5) TMI 397

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....nal Travels (Cargo), New Delhi against the order of the Commissioner of Customs, Kandla prohibiting them to work as Customs House Agent at Kandla and MP & SEZ under Regulation 21 of Custom House Agents Licensing Regulations, 2004 (CHALR). The circumstances leading to the prohibition are that M/s. Goralal Arya Impex (P) Ltd. filed shipping bills for export of rice through the CHA M/s. Kunal Travels....

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....cargo of Shri Bharat H. Umraniya as required under the provisions of Regulation 19(2) of CHALR, 2004. On adjudication, the Commissioner prohibited M/s. Kunal Travels (Cargo) to work as Custom House Agent. He has found that the CHA firm had not fulfilled the obligations under Regulation 13D and Regulation 19 of CHALR, 2004. The omission and commission in the export amounts to misconduct as stipulat....

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....orter, export invoice No., etc. and no irregularity in this regard is alleged or proved. It was also submitted by the appellants that Regulation 19(2) does not cast any burden to consider the antecedents and any other information pertaining to the person sought to be appointed, on the Custom House Agent. While arguing the case the learned advocate Shri Paresh Sheth, reiterating the contentions rel....

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....on sought to be appointed to act on behalf of the exporter is not acceptable. The appellants cannot be exonerated on this count.   4. The order of the Hon ble Delhi Tribunal in the case of M/s. Kunal Travels (Cargo) Vs. Commissioner of Customs, Kandla (C/101/11 dated 04.03.2011) relied upon by the appellant is not applicable in the present appeal. In fact the order of the Tribunal deals wi....