2026 (1) TMI 731

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....nsurate with the gravity of the offence committed and that the Commissioner should have revoked the Customs Brokers Licensing of the Respondent. 2. Admitted facts, in brief are that during the course of scrutiny of documents by the Export Promotion Copy Section (EP Copy Section), Chennai Customs, submitted by the Customs Broker, it was found that signature on the Mate Receipt Nos. 20677/10.08.2013 & 20423/10.08.2013 of Steamer Agent M/s.Hapag Lloyd India Pvt. Ltd. for the Shipping Bill No.7178597/28.08.2013 and 6771575/02.08.2013 were forged and that M/s. Leona Worldwide Logistics, Chennai, has handled these documents as Customs Broker for these Shipping Bills. The case was investigated by the Docks Intelligence Unit (DIU). During the in....

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....7/28.08.2013 and forged the signature of the authorized signatory of M/s. Hapag Lloyd and submitted the forged mate receipts to Customs for printing the EP copy. They also forged the mate receipt no. 20423 / 10.08.2013 for the Shipping Bill No. 6771575 / 02.08.2013 and forged the signature of the authorized signatory of M/s. Hapag Lloyd India Pvt. Ltd. even though the consignment was shipped by M/s. Mitusi OSK Lines (India) Pvt. Ltd. -- -- 18. The Customs Broker vide their letter dated 19.10.2015 have stated that the shipments under Shipping Bills 7178597/28.08.2013,6771575/02.08.2013 and 6893934 / 12.08.2013 has actually taken place and there was no malafide intention on their / staff's part to inflict loss t....

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....nce?" 5. We have perused the relevant clauses of governing Customs Brokers Licensing Regulations, 2013 and at regulation 8(1), there is mandate for executing inter alia, of Bond in the "name of Commissioner of Customs for an amount of five lakhs rupees". Regulation 18 prescribes 'Revocation of license or imposition of penalty' for violations of clauses provided thereunder and the amount of penalty prescribed itself is not exceeding Rs.50,000/-. Further, Regulation 20 provides 'Procedure for revoking license of penalty' and at sub-clause (7) under Regulation 20, the Commissioner is given free hand, based on the report of Inquiry Officer and the representation thereon, if any, made by the Custom Broker, to pass such orders as he deems fit.....