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Issues:
Renewal of Custom House Agent (CHA) licence. Analysis: The judgment revolves around the renewal of a CHA licence. The appellant, a Custom House Agent, applied for renewal of their licence before its expiry. However, the Commissioner of Customs rejected the renewal application citing the appellant's alleged failure to discharge duties properly in two import cases. The appellant challenged this rejection in the High Court, which declined to interfere, stating the order was not perverse. Subsequently, penalty proceedings were initiated against the CHA and two importers, but the Tribunal set aside the penalties, emphasizing that the CHA's responsibilities end once imports are completed. The appellant later reapplied for licence renewal, which was initially granted for short periods pending further proceedings under regulations. The Commissioner later rejected the renewal request, citing the finality of the earlier rejection order, which had not been challenged before a higher forum. The appellant argued that subsequent renewals by the Commissioner implied the earlier rejection was set aside. However, the Tribunal held that only a higher appellate forum could overturn the Commissioner's decision, which was also upheld by the High Court. Therefore, the Tribunal agreed with the Commissioner that no valid licence existed for renewal. The appellant's plea regarding the General Clauses Act was dismissed as the modification required a decision by higher appellate authorities. Regarding the appellant's alternative prayer for a fresh licence under Regulations 8 and 10, the Tribunal noted that this issue was not raised before the Commissioner. Thus, the appellant was advised to approach the Commissioner for consideration under the specified regulations. Ultimately, the appeal was disposed of based on the above findings, affirming the Commissioner's decision on the non-renewal of the CHA licence due to the finality of the earlier rejection order not being challenged before the appropriate appellate forum.
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