2010 (5) TMI 847 - AT - Customs

Restoration of CHA license - breach of CHALR provisions, under Regulation 23(7) of the CHALR 1984 - non-speaking order

Summary

Issues:
1. Revocation of CHA license by Commissioner based on violation of CHA Licensing Regulations.
2. Tribunal's remand order and subsequent restoration of CHA license.
3. Appeal by Revenue against restoration order.
4. Maintainability of the appeal by Revenue against Commissioner's order under CHALR 1984.

Analysis:
1. The Commissioner proposed to revoke the Custom House Agent (CHA) license of the respondent for violating CHA Licensing Regulations. Despite the enquiry officer's reports favoring the CHA, the Commissioner revoked the license under Regulation 23(7) of the CHALR 1984.

2. The respondent appealed to the Tribunal, which allowed the appeal by remanding the matter back to the Commissioner. The Tribunal directed the Commissioner to communicate reasons if not accepting the enquiry officer's report, allowing the respondent to reply within three weeks. The Commissioner, after hearing the party, accepted the enquiry officer's report and restored the CHA license.

3. The Revenue appealed against the Commissioner's order restoring the CHA license, arguing that the order was not a speaking order and should be set aside for a fresh decision by the Commissioner.

4. The respondent raised a preliminary objection on the maintainability of the Revenue's appeal to the Tribunal under CHALR 1984. Citing legal precedents and the self-contained nature of the CHALR, the Tribunal agreed with the respondent's counsel that the appeal by the Revenue was not maintainable. Referring to previous decisions of the Hon'ble High Court, the Tribunal dismissed the Revenue's appeal.

This judgment highlights the process of revocation and restoration of a CHA license, the role of the Tribunal in remanding matters back to the Commissioner, and the legal principle regarding the maintainability of appeals under CHALR 1984.