2018 (9) TMI 1604

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....that noticee No. 1 along with Notice No. 3 approached the applicant and gave all KYC documents along with authority letter way back in 2013. Thereafter the applicant has imported almost 11 consignments for both the said noticees / importer / M/s. Jagdamba Enterprises. It is further submitted that 10 of those consignments have already been cleared and it is in respect of the 11th consignment with reference to Bill of Entry No. 6907998 dated 27.9.2014 for clearance of goods imported in container No. TELU-725 1469 that the Show cause notice was issued upon the importer, the noticee No. 1, the present applicant as noticee No.2 and Pawan Kumar Ralli as noticee No. 3 on 28.3.2015. The same was adjudicated vide order dated 29.8.17 thereby rejectin....

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.... as more than 97 employees on rolls in addition to part time employees whose livelihood will be effected by revocation of license and it will cause irreparable loss to the business of appellant. impressing upon the same, the application seeking stay of revocation of CHA license is prayed to be allowed. 5. While rebutting these arguments, it is submitted by learned DR that from the impugned order under challenge, the connivance of the applicant as the basis of mis-declaration of consignment in question has clearly been held. Irrespective of the fact that other consignments of the noticee have been cleared, but for the present consignment, there is ample evidence on record about not furnishing proper set of documents by the proper person i....

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....on letter from M/s. Jagdamba Enterprises (notice No. 1) who approached the appellant along with Shri Pawan Rally, notice No. 3. Thus application of the applicant makes it prima facie clear that he has not contravened regulation 11 A and 11D of CBLR, 2004 as is alleged. As to whether there is any evidence or other statement on record which proves that CHA / applicant has connived with noticee No. 1 while getting the impugned consignment cleared, the same shall be looked into at the stage of final disposal of the appeal. Hon'ble High Court of Delhi in the case of Commissioner of Customs Vs. Him Logistics Pvt Ltd. in C M No.47867-47869/2016 decided on 23.12.2016 has held that where the CHA is proved to have verified IEC copy, PAN card, Telepho....