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Appearance:

For the Appellant Shri S. Murugappan, Adv.
For the Respondent Shri K. Veerabhadra Reddy, JC (AR) CORAM:
Honbe Shri D.N. Panda, Judicial Member Honble Shri B. Ravichandran, Technical Member Date of hearing/decision 13-06-2016 FINAL ORDER NO. 41012 / 2016 Per B. Ravichandran:
The appellant is a Customs House Agent licensed to deal with the processing of import and export of consignments for Customs clearance. Certain investigations were carried out by the officers of Customs during the year 2006 regarding possible over-valuation of export products with the intent to avail ineligible draw-back and concession available on such export items. The investigation concluded and resulted in various proceedings under Customs Act, 1962. The proceedings against the appellant under Customs House Agents Licensing Regulations, 2004 [CHALR, 2004] has also been initiated vide show-cause notice dated 08.06.2006. The notice alleged that the appellant failed on three counts, namely, Regulation 13(a), 13(d) and 13(e). In short, the allegation is that the appellant failed to obtain authorization from his clients to deal with Customs, failed to advise his clients for proper compliance of Customs Act and failed to exercise due diligence to ascertain the correctness of information required to handle the work as a CHA. The appellants license was suspended on 15.02.2006, initially for a period of six months. The present show-cause notice was issued for cancellation of license on the above misdemeanors. An enquiry was conducted by the Assistant Commissioner in pursuance of the show-cause notice and he submitted a report holding that the allegation against the appellant stand proved. The enquiry report was dated 06.10.2006. Thereafter, the learned Commissioner held a personal haring on 07.02.2008. As no final order was passed by the learned Commissioner, the appellant approached the Honble Madras High Court by way of a Writ Petition No.4342 of 2010. The Honble High Court noted the delay in disposal of the appellants case and directed the learned Commissioner vide their order dated 16.04.2010 to decide the case within four weeks. The present impugned order came to be passed on such direction. The original authority by his order revoked the license of the appellant and also forfeited the security deposit of Rs.1,10,000/- furnished to the department.