DHAKHANE & CO. Vs. COMMISSIONER OF CUS. (GENERAL)

JUDGEMENT

(1.) THE appeal is directed against Order -in -Original No. 66/2013/CAC/CC/(G)/PKA -CHA (Admn), dated 7 -5 -2013 passed by Commissioner of Customs (General), NCH, Mumbai. Vide the impugned order, the learned Commissioner has revoked the CHA licence of M/s. Dhakane & Co., CHA No. 11/944 and also ordered forfeiture of entire amount of security deposit of the said CHA firm. Aggrieved of the same, the appellant CHA is before us. The facts relating to the case are briefly as follows :

(2.) 2 On completion of the investigation, a charge sheet was issued to M/s. Dhakane & Co. wherein it was alleged that the Customs House Agent did not obtain any authorization from the exporter as required under Regulation 13(a) of the CHALR, 2004, thereby contravening the said Regulation. It was further imputed that, as per Regulation 13(b), a CHA shall transact business in the Customs Station either personally or through an employee duly approved by the Deputy Commissioner of Customs. In the present case, the CHA had arranged a person Shri Deepak Dariyalal Sejpal for the export documentation by allowing the usage of the CHA licence and therefore, they had violated the provisions of Regulation 13(b) of the CHALR, 2004.

(3.) WE have carefully considered the submissions made by both the sides.