2017 (9) TMI 1568

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....(AR) for the Respondent (s ORDER Per: Shri P.K. Choudhary 1. The appellant filed this appeal against revocation of the Customs House Agent License under Regulation 20(1) of the Customs House Agent Licensing Regulation, 2004 (CHALR). Forfeiture of the full amount of security deposit under the Regulation 20(1) of CHALR, 2004. 2. Heard both sides and perused the appeal records. 3. Brie....

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....weighing 13580 Kgs. under Section 113(d) of the Customs Act, 1962 and also imposed penalties on various noticees. It is seen that the proceedings against the appellant herein was dropped. The Adjudicating Authority observed that the Show Cause Notice fails to establish knowledge of an involvement for gain of the appellant in the alleged conspiracy to abet smuggling. We find from the record that....

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....enalty for permanent revocation of CHA license is not justified for violation of Regulation 13(a) of CHALR, 2004 for not taking authorization from exporter as no other charge has been established including that of abetting in smuggling of smuggling of Red Sanders. 6. In the case of Transport Logistics vs. CESTAT, Chennai [2016(338) E.L.T. 380(Mad.)], the Hon'ble Madras High Court allowed the ap....

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....Tribunal observed that the appellant had not verified genuineness/existence of exporter, who attempted to export Red-Sanders misdeclaring the same as rice, revocation of license of omission to cross-check KYC documents is too harsh, as the CHA was not involved in alleged smuggling. 9. In the present case, we find that, in view of the Adjudication Order dt. 04.01.2012 as referred above, there wa....