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JYOTI BALASUNDARAM, J.H.JOGLEKAR
Noble Agency – Appellant
Versus
Commissioner of Customs, Mumbai – Respondent
Per J.H. Joglekar :
The appellant is a CHA. The licence held by them was suspended on 29.5.1995. Subsequently, enquiries were conducted and the enquiry report was submitted to the competent authority viz. Commissioner of Customs. The Commissioner ordered revocation of the CHA licence resulting in the present appeal being filed.
2. The proceedings commenced with the investigation launched by the appropriate authority in connection with importation of copper ingots by fictitious importers where the import licences were obtained by fraud. Certain consignments imported by one of such fictitious firm viz. M/s. Vinob Exports Pvt. Ltd. were handled by the present appellants. The investigators found that S/Shri Dhirendra Singh and Satyedra Singh who posed themselves as employees of the present appellant were not, in fact, employees, but were independent operators who used to pay Shri Maru, the director of the present appellants, a fixed some of money every month for utilisation of their CHA licence. Enquiry further showed that a total of 9 persons were operating in this manner. They were actually not employees but they were authorised as such, and used to handle clearance of independent
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