2008 (5) TMI 235

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....as been alleged that Appellant No. 3 Customs House Agent failed to discharge various obligations as required under Customs House Agent Licensing Regulation Act, 1984 (now 2004) in so far as he did not verify the identity of the person, who was authorized to sign the export documents by the exporter. It has further been alleged that CHA firm has irregularly allowed their CHA licence to be used by M/s. IPG Cargo Services, Jaipur to carry out business to the Appellants No. 1 and 2 who got "G. Card and H. Card". The Adjudicating Authority revoked the CHA licence of Appellant No. 3 and security amount furnished by them was forfeited. The Adjudicating Authority also cancelled G. Card and H. Card of the Appellants No. 1 and 2 forthwith. 3. Ld. Ad....

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.... is a serious lapse on the part of the CHA inasmuch as the shipping bills were signed without verifying the identity of the person. He further submits that CHA filed the declaration without verification and, therefore, revocation of licence is justified. He also submits that it is established that the other Appellant No. 1 and 2 are Shri I.P. Gupta, proprietor of M/s. IPG Cargo Services and Shri harish Kumar Sharma, employee of M/s. IPG Cargo Services. It is evident from the record that CHA license was allowed to use G and H Cards to the other appellants in irregular manner. So, the Commissioner rightly cancelled their G and H cards. 5. After hearing both the sides and on perusal of the records, it is seen that inquiry was conducted by the....

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....ay Jam, Director of the exporter firm in his statement recorded on 12-1-2004, stated that the relevant invoice and documents were sent through E-mail to M/s. N.K. Meena, CHA firm by them without signature and neither any director nor any authorized person of his company came to Jaipur to fulfill the export formalities.      x                                         x                          &nbs....

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....oth should be barred from working as employees of the CHA. The Adjudicating Authority agreed with the conclusion of the Inquiry Officer. But he did not agree with the conclusion of the inquiry Officer for allowing CHA licence to be used by the other firms as there are ample evidence on record to prove that M/s. IPG Cargo Services was doing CHA business in the name of the appellant No. 3. Commissioner had not discussed the ample evidence on record apart from that which were placed by the Inquiry Officers. It is seen that the transaction between the CHA and the other appellants are totally on commercial basis. This fact was not disputed by the Commissioner in the impugned order. The Tribunal in the case of Falcon Air Cargo & Travel (P) Ltd. (....