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2004 (4) TMI 345 - AT - Customs

Issues: Application for stay of operation of order suspending Custom House Agent's license.

Analysis:
1. Urgency of Suspension: The issue at hand was the urgency of suspending the Custom House Agent's license. The appellant argued that the delay between the recorded statements and the suspension order indicated no immediacy or urgency for suspension. However, the respondent contended that subsequent statements were recorded, leading to the conclusion that the Commissioner deemed the matter urgent. The suspension was seen as necessary to safeguard the revenue's interest by preventing the appellant from operating as a Custom House Agent.

2. Regulation Compliance: The tribunal considered Regulation 21(2) of the CHALR 1984, which deals with the suspension of licenses. Despite the appellant's argument against the urgency of suspension, the tribunal noted a draft notice under Regulation 23 for a complete enquiry leading to possible revocation. The tribunal found prima facie immediate action necessary based on the facts presented in the impugned order. Consequently, the tribunal dismissed the application for stay and directed the initiation and completion of regular proceedings within three months.

In conclusion, the judgment focused on the urgency of suspension, compliance with regulations, and the need for immediate action to safeguard revenue interests. The tribunal's decision to dismiss the application for stay was based on the perceived necessity of the suspension and the requirement for regular proceedings to be conducted within a specified timeframe.

 

 

 

 

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