2006 (3) TMI 518 - AT - Customs

Summary

Issues:
1. Enforcement of Tribunal Final Order for suspension of CHA license.
2. Failure of Commissioner to conclude proceedings within stipulated time.
3. Application seeking direction to restore the license.

Analysis:
1. The case involved a miscellaneous application filed by a Customs House Agent (CHA) seeking enforcement of the Tribunal Final Order dated 20-5-2005 for the suspension of the CHA license. The Tribunal had given the Commissioner three months to conclude the proceedings, failing which the suspension would be deemed to be set aside. The appellant requested a direction to restore the license based on the failure of the Commissioner to comply with the Tribunal's order.

2. Upon hearing both sides, it was noted that the Assistant Commissioner reported that the matter was still under consideration as of 23-2-2006. The appellant argued that the Commissioner had not revoked the suspension or filed for an extension of time as required by the Tribunal's Final Order. The appellant contended that since the Commissioner did not act within the stipulated time, the suspension should be revoked, and the license restored. The Commissioner's failure to act within the specified timeframe was a crucial point in the decision-making process.

3. The Tribunal observed that the Commissioner had not implemented the Final Order dated 20-5-2005 nor sought an extension of time as per the order. Consequently, the appellant was deemed entitled to resume CHA activities under the license due to the Commissioner's failure to conclude the proceedings within the specified three-month period. Therefore, the miscellaneous application was allowed, and the Commissioner was directed to revoke the suspension and allow the appellants to function as a CHA in accordance with the CHA Licensing Regulations 2004. The decision was made based on the failure of the Commissioner to adhere to the Tribunal's order within the prescribed timeline.