THAKKAR SHIPPING AGENCY Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) THIS appeal has been filed by Proprietor, Shri Vijay T. Thakkarda a Custom House Agent holding a Customs House Agent Licence holder holding Licence No. CHA No. 11/1065 for the last twelve years or so. On or around 10.01.01 a container was intercepted and was found to contain consumer gods imported by the one M/s. Kureshi International; this was sought to be cleared through the customs by employing the appellant Custom House Clearing agent. A Bill of Entry was filed in pursuance of the same. Some inquires made by the officers resulted in realizing that thee was a mis -declaration of the contents of the container under import in a such as Brand name make of Foreign origin goods and country origin in the Bill of Entry was not found correctly declared and values of the goods were also misdeclared. The goods were examined under A Panchanama, the address and particulars of the importers as available with the agent were provided to the department. The offices of the appellant herein were also searched along with his residential premises, nothing incriminating was however recovered. His statements were recorded. On moving the Honorable Bombay High Court and in terms of the order of the Honorable Court the goods were released to the importer on 06.07.01 was issued interalia to the appellant.

(2.) PREVENTIVE officers of Customs, sent a report to the licensing authority. By a ex -parte of Order dt. 31.01.01, the licence of the present appellant under Regulation 21(2) of the Customs House Agent Licensing Regulations, 1984 herein after referred to as (CHALR) was suspended. Against this order, appeal was filed to the Tribunal and the Tribunal vide their order dated 11.06.01 directed the respondent to grant a post decisional hearing and thereafter pass appropriate orders. Pursuant to this direction the authority granted a personal hearing on 31.05.01 and on 01.08.01 passed the order confirming the suspension of the licence of the appellant under Regulation 21(2) CHALR. This appeal is against this order dated 01.08.01.

(3.) WE have heard both the sides and considered the submissions and find: -