2006 (12) TMI 21 - AT - Customs

CHA License Appellant applied as a CHA CHA license of appellant expired earlier Commissioner of Custom required to envisaged under Regulation 9(2) of CHA Licensing and discharged accordingly

Summary

Issues:
Commissioner's refusal to permit Customs House Agents to operate based on penalty cases, Interpretation of Customs House Agents Licensing Regulations, 2004, Scope of Commissioner's authority under Regulation 9(2), Quasi-judicial function of Commissioner, Requirement of speaking order.

Analysis:
The judgment revolves around the Commissioner's decision to prevent Customs House Agents (CHA) from operating within his jurisdiction due to penalty cases. The appellants, holding a valid license from a different Commissioner, were denied permission to work in Tuticorin. The Commissioner's refusal was challenged, arguing that under Regulation 9(2) of the Customs House Agents Licensing Regulations, 2004, it was sufficient to provide intimation of holding a valid license to operate as CHA. The Commissioner's decision was found to be beyond the scope of his authority as per Regulation 9(2). The regulation allows a CHA with a regular license to work in any Customs Station by giving intimation, without the need for a separate license. The Commissioner can verify the details provided but cannot reject based on penalty cases, which are relevant only for license applications under sub-regulation 3. The judgment emphasizes that a Commissioner's function under Regulation 9(2) is quasi-judicial and cannot be delegated to a subordinate authority.

The Tribunal set aside the Commissioner's decision and directed the Commissioner to issue a speaking order on the intimation given by the appellants under Regulation 9(2). It was highlighted that the appellants must be given a reasonable opportunity to be heard. The judgment clarifies the procedural requirements and the limits of the Commissioner's authority in granting permission to CHAs under the relevant regulations.