2007 (6) TMI 332 - AT - Customs

Summary

Issues:
1. Suspension of CHA license for abuse in importation.
2. Compliance with Tribunal's order for post decisional hearing within two months.
3. Failure to pass order within stipulated time leading to automatic revival of license.
4. Commissioner's discretion in passing orders based on inquiry report.
5. Decision to revoke suspension and time limit for further action under CHA regulations.

Issue 1: Suspension of CHA license for abuse in importation
The appeal was filed against the suspension of a Customs House Agent (CHA) license due to its misuse in importing watch movements misdeclared as plastic parts for toys. The CESTAT directed the Commissioner to grant a post decisional hearing to the appellants within two months from the date of the order.

Issue 2: Compliance with Tribunal's order for post decisional hearing within two months
The appellants argued that the Commissioner failed to pass the order within the stipulated two months from the Tribunal's order date, leading to an automatic restoration of the CHA license. The appellants contended that the Commissioner did not comply with the Tribunal's directions within the specified timeframe.

Issue 3: Failure to pass order within stipulated time leading to automatic revival of license
Although the Commissioner received the CESTAT order just three days before the expiry of the time limit, the Tribunal noted that the Commissioner could not be faulted for the delay in passing the order. However, the Tribunal emphasized that the appellants should have cooperated by attending the personal hearing offered by the Commissioner within the given timeframe. The Tribunal clarified that failure to pass a decision within two months from the date of receipt of their order would result in the automatic revival of the license.

Issue 4: Commissioner's discretion in passing orders based on inquiry report
The Commissioner completed the inquiry and suggested revoking the suspension, urging for an early decision based on the inquiry report. The Tribunal considered the livelihood of the CHA employees and ordered the Commissioner to decide on further action under CHA regulations within two months from the receipt of their order, failing which the license would automatically revive.

Issue 5: Decision to revoke suspension and time limit for further action under CHA regulations
The Tribunal disposed of the appeal by instructing the Commissioner to make a decision within the specified timeframe based on the inquiry report. It was clarified that until a decision was made, the suspension order would remain in effect to ensure compliance with the CHA regulations and protect the interests of the employees involved.