TaxTMI 
TaxTMI 
2011 (4) TMI 1131
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....ondent. [Order]. - The appellant is a Customs House Agent, who had been issued a Custom House Licence in the year 1997 under the Customs House Agents Regulations, 1984. In 2006, the appellant employed one Shri Yogesh Kumar Giri on the basis of a 12th pass certificate produced by him. Shri Yogesh Kumar Giri was issued a H-Card, on the basis of which he had access to the Customs Area. Subseque....
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....8) of CHALR, 2004. 2. The Commissioner adjudicated the above show cause notice vide order-in-original dated 20-8-2010 by which he ordered forfeiture of Rs. 55,000/- out of the security of Rs. 75,000/- given by the CHA. The Commissioner while forfeiting the security to the extent of Rs. 55,000/- observed that in terms of Regulation 19(8) of CHALR, 2004, the appellant were required to exerci....
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....employed by the appellant on the basis of 12th pass certificate given by him and he had no evidence that the certificate is bogus, that as soon as on verification by the customs, it was found that the certificate is bogus, his services were terminated, that during the employment of Shri Yogesh Kumar Giri, there was incident of mis-conduct on his part, that in terms of Regulation 19(8) of CHALR, 20....
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....y forfeited as the appellant before implying Shri Yogesh Kumar Giri did not take steps to check whether the 12th Pass certificate produced by him is genuine. 5. I have carefully considered the submissions from both the sides and perused the records. In terms of Regulation 19(8) to CHALR, 2004, a Customs House Agent is responsible for the conduct of his employee in the transaction of his bu....