2016 (9) TMI 1120

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....a as Adjudicating authority. Under this OIO dt 21/1/2015 Adjudicating authority has revoked license No. K-14 (PAN No. AAEFK8892 Q) of the appellant under Regulation 20(1) of Customs House Agents Licensing Regulations 2004 (CHALR) and also forfeited whole of the security deposit of the appellant. 2. Dr. Samir Chakraborty (Sr. Advocate), Sh. Abhijit Biswas (Advocate) and Sh. Arnab Chakraborty (Advocate) appeared for hearing for the appellants. Learned senior Advocate submitted that appellant M/s Prince International approached the appellant in 2010 for clearance of following goods containing shoes, batteries, wooden beads & strips for clearance through the Customs:- Container No. Bill of Lading No w/date Invoice No. w/date B....

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....nt under OIO dt 8/8/2013 against which appellant appealed separately. 2.2. That by on Establishment order No. 260/2011 dated 16/9/2011 appellant s CHA license was suspended by the Adjudicating authority which was subsequently revoked by the same authority as per order-in-original No. KOL/CUS/AIRPORT/ADMN/9/2011 dated 3/11/11 but in the same order it was ordered to initiate revocation proceedings against the appellant as per Regulation 20(1) & 22 of the CHALR That a DC Customs was appointed as an enquiry officer who vide his Inquiry Report dt 9/12/13 completely absolved the appellant. That thereafter by OIO No. KOL/CUS/AIRPORT/ADMN/06/2014 dated 23/4/14 by an exparte order Adjudicating authority revoked appellant s license by disagreeing ....

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....nquiry officer. That Adjudicating authority under OIO dated 21/1/2015 has given detailed findings & held that appellant has violated Regulation- 13 (a), 13 (d) & 13 (o) of CHALR. That the said order dt 21/1/15 is well reasoned & correct. Learned AR strongly defended the order dt 21/1/15 passed by the Adjudicating authority. 5. Heard both sides & perused the case records. The issue involved in these proceedings is whether Adjudicating authority is justified in revoking the CHA license of the appellant under Regulation 20 (1) for not discharging the obligations under Regulation- 13 (a), (d) & (o) of CHALR. The said Regulation are reproduced below:- "REGULATION-13. Obligations of Customs House Agent.- A Customs House Agent shall- ....