2015 (12) TMI 581

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....arma, DR, for the Respondent. ORDER Learned Counsel, Shri Piyush Kumar, Advocate appeared for Shri Pankaj Babu Saini, CHA of M/s. Richi Rich Agro Foods Pvt. Ltd. 2. Commissioner of Customs, vide Order-in-Original No. 1/Commissioner/GZB/CUS/2012, dated 28-3-2013, imposed penalty of Rs. 1 lakh on the CHA for violation Customs House Agent Licensing Regulation, 2004 read with provisions ....

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....007, dated 5-11-2008. He contended that the CHA was not involved in the loading of containers in the factory premises. His connivance in misdeclaration is not proved by any evidence. Samples were drawn and it was on the basis of test report, it was found that exporter has made misdeclaration. Exporter has rightly been subjected to redemption fine and imposition of penalty by the adjudicating autho....

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....ed to the misdeclaration nor any mens rea has been imputed to him. Even on examination of containers, the sample was drawn and sent to the laboratory and laboratory has rightly pointed out that rice contained in the container were non basmati rice and not basmati rice. I do not find any support or instance which could lead to CHA being made liable for imposition of penalty although I am aware that....