JYOTI BALASUNDARAM, MOHEB ALI M.
Setwin Shipping Agency – Appellant
Versus
Commissioner of Customs, Mumbai – Respondent
Per Moheb Ali M.:
The appeal arose out of the order passed by the Commissioner of Customs (General), Mumbai, wherein he suspended the appellants CHA licence under Regulation 21(2) of the Custom House Agents Licensing Regulation, 1984 (hereinafter referred to as 'CHALR, 1984'), pending enquiry under Regulation 23 of the CHALR, 1984. In the impugned order, the Commissioner observed that one Shri Hitesh Parmar holding kardex No. P-2029 of CHA No. 11/1099 (the appellants firm) had provided Custom House service to an exporter without knowing the exporters nor their office address. The Commissioner also observed that the said Parmar did not even know the address of the CHA nor did he know where the proprietor of the CHA stays. Shri Parmar seems to have admitted that he was using the CHA licence given to the appellants for monetary consideration, and the profit earned by using the said licence was shared on half-half basis with the proprietor of the CHA. The kardex holder (Parmar) had committed other irregularities also while filing shipping bills on behalf of M/s. Al Heena Enterprises, Mumbai. Stating these facts, the Commissioner held that the appellants have violated Regulations 13
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