2009 (1) TMI 604 - AT - Customs

Summary

Issues:
1. Interpretation of Regulation 20 of Customs House Agent Licensing Regulation, 2004.
2. Validity of the order suspending the license based on qualifications.
3. Compliance with procedural requirements in passing the order.
4. Examination of evidence and grant of opportunity.
5. Denial of justice due to premature order.
6. Necessity for re-examination of the issue by the Commissioner.
7. Requirement for a fair opportunity and reasoned order.
8. Remittance of the matter back to the lower Authority.

Analysis:
1. The appellant argued that the power under Regulation 20 cannot be mechanically exercised and must meet specific grounds. The order should demonstrate compliance with Regulation 22, failing which the order becomes fatal.
2. The Counsel contended that the Commissioner acted on suspicion, ignoring the prescribed qualifications under Regulation 19 for issuing an H-card. The order was deemed unsustainable due to arbitrary suspension of the license without proper examination.
3. It was further submitted that the order lacked reasoning and failed to show the grant of opportunity and examination of evidence, rendering it non-speaking and unreasonable.
4. The Revenue supported the lower authorities' order, but the Tribunal noted the failure to consider the request for the H-card issuance in accordance with the law, leading to a denial of justice.
5. The Tribunal emphasized that passing a premature order without proper examination and while investigations were ongoing resulted in a failure of justice.
6. The Commissioner was directed to re-examine the issue in accordance with the law, ensuring a fair opportunity for the appellant and providing a reasoned order based on the relevant regulations.
7. The Tribunal highlighted that suspicion is not a substitute for proof, emphasizing the need for due process and reasoned decision-making to ensure the order's legality.
8. Consequently, the matter was remitted back to the lower Authority, setting aside the previous order dated 18-9-08, with a directive for expeditious handling and a decision by 31st Jan., 2009, in the interest of justice and fairness.