PANKAJ BABU SAINI Vs. COMMISSIONER OF CUSTOMS, GHAZIABAD

JUDGEMENT

(1.) LEARNED Counsel, Shri Piyush Kumar, Advocate appeared for Shri Pankaj Babu Saini, CHA of M/s. Richi Rich Agro Foods Pvt. Ltd. Commissioner of Customs, vide Order -in -Original No. 1/Commissioner/GZB/CUS/2012, dated 28 -3 -2013, imposed penalty of Rs. 1 lakh on the CHA for violation Customs House Agent Licensing Regulation, 2004 read with provisions of Foreign Trade (Development & Regulation) Act, 1992 he was under statutory obligation to vouch for authenticity of the declaration. CHA has failed to check the authenticity the cargo.

(2.) LEARNED Counsel invited attention to the Commissioner's order wherein Commissioner on the basis of misdeclaration made by the exporter has also held CHA liable for contraventions. Learned Counsel submitted that basmati rice was cleared after due scrutiny of the documents and due examination of the containers by the Customs. Containers were subjected to examination by the port. Sample was drawn and on the basis of test report, it came out that the exporter has made misdeclaration. Instead of basmati rice, they actually exported non basmati rice in terms of DGFT Notification No. dated 5 -11 -2008. He contended that the CHA was not involved in the loading of containers in the factory premises. His connivance in misdeclaration is not proved by any evidence. Samples were drawn and it was on the basis of test report, it was found that exporter has made misdeclaration. Exporter has rightly been subjected to redemption fine and imposition of penalty by the adjudicating authority.

(3.) HEARD both sides and perused the records.