2013 (12) TMI 119

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....as follows. 2.1 The DRI received intelligence about import of Multi-channel monitoring system in the guise of advanced pulse oximeter systems by misdeclaration of the product. The importer was M/s. Advanced Micronics Devices Ltd. and the CHA involved was M/s. K.S. Sawant & Co. On the basis of the report of the DRI, the CHA licence was suspended vide Order No. 53/2008, dated 19-9-2008 and the suspension was revoked vide Order No. 151/09, dated 25-3-2009 based on the representation made by the CHA. An inquiry was initiated against the CHA with respect to their role in the alleged transaction. Statements of Shri Badrinath Sirsi, Vice-President (Marketing of M/s. Advanced Micronics Devices Ltd., was recorded, wherein he admitted that th....

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....t the CHA licence was sold or transferred to Shri Sunil Chitnis of M/s. M.S. Shipping Agency for a monetary consideration and therefore, there is no violation of Regulation 12. Shri Sunil Chitnis of M/s. M.S. Shipping Agency was acting as intermediary/agent to generate business for the CHA and under CHALR 2004 there is no bar in accepting business from intermediary. He relied on the judgment of this Tribunal in the case of P.P. Dutta reported in 2001 (136) E.L.T. 1042 (Tri.-Del.) in support of the above arguments. 3.1 The Ld. Advocate further submits that there is no violation of Regulation 13(a) inasmuch as they had obtained an authorisation from the importer for undertaking the transaction. As regards the violation of Regulation 1....

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....hat the business in respect of the client M/s. Advanced Micronics Devices Ltd., was brought in by Shri Sunil Chitnis, who claims himself to be a sub-agent of the appellant CHA. The statements of Shri Badrinath and Shri Sunil Chitnis amply proves this fact. The question is, merely because the appellant procured the business through an intermediary who is not his employee, can it be said that he has sub-let or transferred the business to intermediary. The Tribunal in the case of Commissioner of Customs v. Chhaganlal Mohanlal & Co. Ltd. [2006 (203) E.L.T. 435 (Tri. - Mum.)], held that if the Customs clearance has been done through intermediary and business was got through intermediary, the same is not barred by the provisions of CHALR, 2004 an....