2008 (9) TMI 848 - AT - Customs

Summary

Issues: Appeal against revocation of CHA license based on violation of natural justice and reliance on statements recorded under Section 108 of the Customs Act, 1962.

Revocation of CHA License:
The applicants contended that the Tribunal's final order upholding the revocation of their CHA license should be recalled as the earlier penalty order was set aside due to a violation of natural justice. The appellant, director of the CHA, argued that he was not given a fair chance to present his case as he was under detention, which was not raised in the previous appeal. The Tribunal's reliance on statements and a High Court order regarding abetment of smuggling was also challenged. However, the Tribunal found no merit in these arguments and dismissed the ROM application, upholding the revocation of the CHA license.

Reliance on Section 108 Statements:
The applicants further argued that statements recorded under Section 108 of the Customs Act, 1962, should not be relied upon in proceedings under CHA Licensing Regulations, citing precedents. However, since this ground was not raised in the appeal, the Tribunal rejected this argument, stating that no error arises in not considering a point not previously raised. The Tribunal dismissed the Miscellaneous Application (MA) seeking to revoke the suspension of the CHA license based on the same grounds as the ROM application.

In conclusion, the Tribunal upheld the revocation of the CHA license, rejecting the arguments related to violation of natural justice and reliance on statements recorded under Section 108 of the Customs Act, 1962. The applications challenging the revocation were dismissed by the Tribunal.