2004 (3) TMI 550 - AT - Customs

Summary

Issues:
Renewal of Customs House Agents Licences under CHALR, 1984 based on Commissioner's norms.

Detailed Analysis:
The appeal was filed against the Commissioner of Customs' decision to not renew the appellants' Customs House Agents Licences under Regulation 12(2)(a) of Customs House Agents Licensing Regulation (CHALR), 1984, due to non-fulfillment of norms set in a Public Notice. The appellant, a Customs House Agent, had requested renewal of the license which was initially renewed for two months and later extended for one year on an ex-gratia basis. Despite these extensions, the appellant's performance did not meet the set norms, leading to a show cause notice for denial of renewal and an inquiry conducted by an appointed Inquiry Officer as per CHALR, 1984.

The appellant contended that being an old CHA in Kolkata, the decline in import/export business affected their performance, and they requested favorable consideration based on their unblemished record and expected business improvements. The Commissioner, after considering the Inquiry Report and appellant's submissions, observed that despite previous extensions, the appellant failed to meet the required norms. The Commissioner noted that the decline in business did not exempt the appellant from compliance with the Public Notice's norms and rejected the request for renewal based on performance criteria.

During the hearing, the appellant's advocate acknowledged the non-fulfillment of prescribed norms but sought another chance for performance improvement, citing a Tribunal decision in a similar case. However, the Respondent's representative argued against this, emphasizing the lack of improvement during the previous extension period and referencing another Tribunal decision where renewal was denied due to inadequate performance.

The Tribunal analyzed the submissions and facts, acknowledging the appellant's failure to meet the Commissioner's norms despite previous extensions. The Tribunal differentiated the present case from the cited decision, where a further chance was granted, as the appellant had already received an extension but failed to improve performance. Referring to a relevant Division Bench decision, the Tribunal concluded that the appellant's performance did not align with the prescribed norms, leading to the rejection of the appeal.

In conclusion, the Tribunal upheld the Commissioner's decision to deny the renewal of the Customs House Agents Licences, stating that the appellant's performance did not meet the set norms, and no further chance for improvement was warranted based on the facts of the case and previous extensions granted.