9.4 The Hon'ble High Court of Delhi in the case of
Kunal Travels (Cargo) Vs. Commissioner of Customs (I&G),
New Delhi [2017 (354) ELT 447 (Del.)] has held that
Customs House Agents are only processing agent of
documents for clearance of goods through Customs House.
9.4 The Hon'ble High Court of Delhi in the case of
Kunal Travels (Cargo) Vs. Commissioner of Customs (I&G),
New Delhi [2017 (354) ELT 447 (Del.)] has held that
Customs House Agents are only processing agent of
documents for clearance of goods through Customs House.
10.5 Further, we also find that the Hon'ble High Court of Delhi has held in the
case of Kunal Travels (Cargo) Vs. Commissioner of Customs (I&G), IGI
Airport, New Delhi reported in 2017 (354) E.L.T. 447 (Del.), the appellants CB
is not an officer of Customs who would have an expertise to identify mis-
declaration of goods. The relevant portion of the said judgement is extracted
below:
In the opinion of this Court in view of the judgment of Kunal Travels
(supra), the said inaction of the Appellant cannot justify the imposition of
the maximum punishment of revocation of the license. There is no finding
against the Appellant that he in any manner connived with the importer
firms or abetted the said firms in their wrongful actions in diverting the
goods to the domestic market without payment of customs duty, which led to
the loss to the revenue. There is no finding that the Appellant earned extra
commission for the assignment for clearance of imported goods from the
Customs Station or has partaken in the illegitimate gains made by the
importer firms.