2016 (12) TMI 519

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....d submit that law confers a discretion in the Tribunal to set aside, modify or confirm the order passed by the adjudicating authority. In other words, the power or jurisdiction to confirm, modify or annul the decision appealed against would include and take within its import a power to modify the quantum of penalty / punishment imposed on the Customs House Agent (CHA). 2 However, that discretion has to be exercised judiciously and consistent with the facts and circumstances of each case. It is commensurate with the guilt of CHA and proven misconduct that the discretion vested in the Tribunal must be exercised. 3 Mr. Jetly places strong reliance upon a judgment of the Hon'ble Supreme Court of India in the case of Commissioner of Cu....

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.... the investigation and enquiry was commenced and the enquiry officer after examining all the materials in support of the charges, charge-wise came to the conclusion that it is not possible to hold the Respondent guilty of violation of the regulations. His report dated 6th January, 2014 was perused by the disciplinary authority. The disciplinary authority disagreed with these conclusions and directed that there should be a penalty imposed for these violations. 6 Accordingly, he imposed the punishments and which are contained in his order to that effect. 7 On communication of such an order, the Respondent availed of the appellate remedy. The Tribunal perused the entire record. It came to the conclusion that though on merits the order of....

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....the information which is required to be imparted to the client particularly about the clearance of Cargo. The CHA did not discharge his duty with utmost speed and efficiency and finally he did not comply with the obligation to verify antecedents of the exporters. 10 While it is true that the person approached the CHA and identified himself as representative of the exporter, the CHA in the present case did not bother to verify the information provided and based on that testing the antecedents of the exporters. 11 However, in substantive adjudication proceedings against the exporter, the Tribunal found that the present Respondent /Appellant before it cannot be penalized. The penalty imposed in adjudication proceedings was set aside. Tha....