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2016 Supreme(SC) 480

DIPAK MISRA, N.V.RAMANA
Commissioner of Customs – Appellant
Versus
K. M. Ganatra – Respondent


Advocates Appeared:
For the Appellant :V. Mohana, Sr. Adv. B.V. Niren, Binu Tamta and B. Krishna Prasad, Advocate.
For the Respondent:V.M. Doiphode, Rajesh Kumar, Krishna Kumar R.S. and K.K.L. Gautam, Advocates.

JUDGMENT :

Dipak Misra, J.

The respondent, M/s. K.M. Ganatra & Co., was granted a Regular Customs House Agent (CHA) licence under Regulation 10 of the Customs House Agents Licensing Regulations, 1984 (for brevity 'the 1984 Regulations') framed under Section 146 of the Customs Act,1962 (for brevity `the Act'). While the respondent was carrying on the business, a letter was received from the Joint Director, DRI, BZU, Mumbai wherein it was mentioned that certain units based in Moradabad and Rampur area were misusing DEEC and DEPC Scheme and submitting fictitious or forged shipping bills either with a view to obtain inadmissible Duty Entitled Pass Books (DEPBs) or for fulfilling the export obligations against advance licences under Duty Exemption Entitlement Certificate (DEEC) Scheme, and to obtain waiver of BG conditions against the DEEC Licence as per the Exim Policy, though in reality no physical export of goods was taking place. In essence, the communication was to the effect that documents were fabricated to show that goods were exported.

2. On the basis of the aforesaid information, investigations were initiated and certain firms were identified which were involved in the misuse of




















































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