2007 (9) TMI 471 - AT - Customs

Summary

Issues Involved:
1. Suspension of CHA License
2. Denial of Natural Justice
3. Consideration of Compounding Application
4. Delay in Enquiry Proceedings

Summary:

1. Suspension of CHA License:
The Instant Appeal challenges the order of suspension passed by the Respondent against the Appellant CHA firm. The Respondent received information from the Directorate of Revenue Intelligence (DRI) that the Appellant-CHA was involved in fraudulent export claims amounting to Rs. 24.97 crores and illicitly claimed DEPB credit of Rs. 2.66 crores. Consequently, the Respondent suspended the CHA License of the Appellant firm on 14-9-2005, pending enquiry u/s Regulation 22 of CHALR, 2004.

2. Denial of Natural Justice:
The Appellant contended that the suspension order was passed without issuing a show cause notice as prescribed u/s Regulation 22(1) of CHALR, 2004, thereby denying them the principles of natural justice. The Tribunal noted that no charges were framed against the Appellant CHA even after 21 months from the date of suspension. The impugned order dated 3-4-2007, confirming the earlier suspension, was passed without giving the Appellant an effective opportunity to rebut the allegations.

3. Consideration of Compounding Application:
The Appellant argued that the compounding application filed by Shri Ramesh Reddy, which contained averments exonerating the Appellant firm, was not properly considered by the Respondent. The Tribunal observed that the ld. Commissioner did not analyze the averments in the compounding application and overlooked its relevance while confirming the suspension order. The compounding application created a reasonable doubt on the veracity of the allegations against the Appellant.

4. Delay in Enquiry Proceedings:
The Tribunal emphasized that considerable time had elapsed since the suspension of the CHA License, with no progress in the enquiry proceedings. It stressed the obligation of the department to expedite enquiry proceedings, especially when the livelihood of persons is involved. The Tribunal directed that the enquiry proceedings be expedited.

Conclusion:
The appeal is allowed, and the impugned Order is set aside with consequential relief. The Tribunal found that the suspension order was vitiated for denial of natural justice and non-consideration of vital averments in the compounding application.