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JYOTI BALASUNDARAM, G.R.SHARMA
Shiva International – Appellant
Versus
Commissioner of Customs, New Delhi – Respondent
Per G.R. Sharma :
In the impugned order, the Commissioner held as under
"The CHAs are granted licence under the Customs House Agents Licensing Regulations, 1984 and the licence is not transferable under any circumstances. The H-Card issued to Shri Ajay Kumar Mathur did not make him competent to file Bill of entry/Shipping Bill or other documents. He was also not authorised as a H-Card holder sign any such documents.
It is not known as to whether Shri Deepak Arora was permitting his H-Card holder employee to function in a manner not contemplated under CHALR's 84, but even if it was done without the CHA's knowledge, it shows that there was a lack of supervision and proper control on the part of the CHA. I do not agree that although the licence was suspended in 1993, the two Inquiry Officers did not submit any Inquiry Report and the matter has dragged on for about seven years, causing hardship to the CHA. While I do not hold any brief for the Department for the delay in finalising the case and the consequent loss of business and tension for the CHA, at the same time the gravity of the offence cannot be minimised as the charge of misdeclaration has also been made against the CHA. It
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