GLOBAL LINKERZ UNITED AGENCIES Vs. C.C.

JUDGEMENT

(1.) THE application for early hearing made in pursuance of the order of the Hon'ble High Court of Delhi dated 14.11.2008 was taken up and the same was allowed as it was submitted that the licence of the applicant stands revoked vide order dated 9.10.07 and that the applicant and their employees are struggling for livelihood and are facing severe hardship and that the applicant has a strong case, on merits, in their favour. After allowing the early hearing application, we heard both sides on the appeal.

(2.) THE relevant facts, in brief, are as follows:

(3.) LEARNED DR reiterates the findings of the Commissioner. He submits that the CHA has not taken reasonable precaution to ascertain the genuineness of the exporter and the documents relating to exports handled by them; that they have not dealt with the exporter directly but only through mediator. He also relies on the decision of the Tribunal in the case of Skyways v. C.C. (Gen.), New Delhi reported in : 2004 (163) ELT 474 (Tri -Del.) and Kunal Travels (Cargo) v. C.C. (Import), New Delhi reported in, 2006 (194) ELT 327 (Tri -Del.).