2008 (7) TMI 657 - AT - Customs

Summary

Issues: Appeal against suspension of CHA license under CHALR 2004

Analysis:
1. Suspension of CHA License: The appeal was made against the suspension of the Customs House Agent (CHA) license of the appellant under Regulation 20(2) of the CHALR 2004. The license was suspended due to the Director of the company filing a Shipping Bill without authorization from the exporter, which was seen as an attempt to profit fraudulently from a manipulated invoice. The Shipping Bill in question was filed in July 2007, and the appellant argued that the goods were cleared without objection. It was noted that while a show cause notice was issued to the exporter and others, the present appellants had not received any notice. The Tribunal found that as the alleged offense occurred in July 2007 and the suspension order was issued about 8 months later in March 2008, immediate action in the form of suspension was not warranted. The Tribunal referred to previous decisions such as Sunshine Agency v. CC, Mumbai, International Shipping Agency v. CC(G), Mumbai, and a decision of the Madras High Court in East West Freight Carriers (P) Ltd. v. CC, Madras to support its decision to set aside the suspension order and allow the appeal.

2. Direction to Commissioner: The Tribunal clarified that while setting aside the suspension order, the Commissioner was still empowered to proceed against the appellants under the Regulations in accordance with the law. This direction ensured that the Commissioner could take appropriate action within the legal framework despite the appeal being allowed and the suspension order being revoked.