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―7. This court is of the opinion that the impugned order
is justified in the facts and circumstances of the case.
The reference to the verification of "antecedents and
correctness of Importer Exporter Code (IEC) Number"
and the identity of the concerned exporter/importer, in
the opinion of this Court is to be read in the context of
the CHA's duty as a mere agent rather than as a
Revenue official who is empowered to investigate and
enquire into the veracity of the statement made orally or
in a document. If one interprets Regulation 13(o)
reasonably in the light of what the CHA is expected to
do, in the normal course, the duty cast is merely to
satisfy itself as to whether the importer or exporter in
fact is reflected in the list of the authorized exporters or
importers and possesses the Importer Exporter Code
(IEC) Number. As to whether in reality, such exporters
in the given case exist or have shifted or are irregular in
their dealings in any manner (in relation to the particular
transaction of export), can hardly be the subject matter
of "due diligence" expected of such agent unless there
are any factors which ought to have alerted it to make
further inquiry. There is nothing in the Regulations nor
in the Customs Act which can cast such a higher
responsibility as are sought to be urged by the Revenue.