2005 (5) TMI 425 - AT - Customs

Summary

Issues: Alleged act of misdemeanour on Shipping Bills leading to suspension of license by Commissioner of Customs, Mumbai.

The judgment addresses the issue of the alleged act of misdemeanour on certain Shipping Bills filed by a Custom House Agent licensed by Mumbai Custom House, with a branch office in Delhi. The Commissioner of Customs, Mumbai, suspended the license due to discrepancies in the filing of Shipping Bills, which were filed on 18-12-01. The delay between the filing of Shipping Bills and recording of statements by the CEO & Directors of the appellant at Delhi raised concerns, but the mere doubt regarding the genuineness of the address in Delhi was not deemed sufficient for suspension.

The judgment delves into the lack of a clear connection between the alleged misdemeanour and the date of suspension. It questions the validity of suspending the business of the appellant all over India based on actions that may not have been directly linked to the licensed activities. The suspension is considered premature as it was implemented before the establishment of any wrongdoing, especially since the Shipping Bills in question were not claimed to be handled by the license.

Furthermore, the judgment emphasizes the legal principle that suspension cannot be a proactive measure and should only be imposed for valid reasons. Citing previous decisions like Swen Agencies (P) Ltd. - 2003 (155) E.L.T. 545 & Kunal Travels - 2005 (180) E.L.T. 345, it concludes that the suspension ordered on 21-4-05 must be revoked and set aside. The revocation of the suspension, however, does not impact ongoing inquiries under Customs House Agents Licensing Regulations or other provisions of the Customs Act, 1962, which are to continue until their logical conclusions are reached.

In conclusion, the judgment disposes of the appeal by revoking the suspension and directs the order to be served to the advocate. It clarifies that while the suspension is lifted, the inquiries related to the licensing regulations and the Customs Act will proceed independently until resolved.