2017 (3) TMI 1591 - AT - Customs

Suspension of CHA License - Time Limitation - Held that - the licence was suspended long back and since then notice has not been issued. This is the question of livelihood of not only of the assessee-appellants but also of their and their employees family - we direct the concerned authorities to issue the SCN within 15 days and complete the proceedings within the prescribed time limit of three months thereafter by passing a speaking and reasonable order - appeal disposed off.

Summary

Issues Involved: Appeal against suspension of license of Customs House Agent (CHA) for facilitating fraudulent export activities.

Analysis:
1. Suspension of License: The appeal was filed against the suspension of the CHA license due to the facilitation of fraudulent export activities involving sub-standard Readymade Garments and the creation of non-existing firms to avail drawbacks. The license suspension was based on a report forwarded by the Directorate of Revenue Intelligence (DRI) to the Commissioner, leading to the initial suspension order on 30-9-2016, which was later confirmed on 27-9-2016 by the Commissioner (General).

2. Regulatory Compliance: The counsel for the appellant argued that as per Regulation 20 of the Customs Brokers Licensing Regulations, 2013, the period for issuing a notice in such cases is 90 days. The appellant relied on precedents such as Master Cargo Services v. Commissioner of Customs (Seaport-Import), Chennai, Gunjan Sharma v. Commissioner of Customs, New Delhi, and Manjunatha Shipping Services Ltd. v. Commissioner of Customs (Import), Chennai, to support the argument that after 90 days, the appellant is entitled to the revocation of the license.

3. Legal Interpretation: The Department, represented by the learned DR, supported the suspension order and referred to a judgment by the Madras High Court in the case A.M. Amahed & Co. v. Commissioner of Customs (Imports), Chennai. The judgment highlighted that the regulation for license revocation does not specify a time limit for suspension and emphasized the importance of compliance with bond conditions, regulations, and misconduct as grounds for revocation.

4. Decision and Directions: After hearing both parties and considering the impact on the livelihood of the appellant and their employees, the Tribunal directed the concerned authorities to issue a show cause notice within 15 days and complete the proceedings within three months thereafter. The order emphasized the importance of a speaking and reasonable order to be passed within the prescribed time limit, ensuring full cooperation from the appellant.

5. Disposition: The appeal was disposed of with the mentioned directions for the authorities to follow, emphasizing the urgency and importance of timely proceedings in cases involving license suspension and livelihood implications. The order was to be provided to the learned DR for further action within three days.

This detailed analysis of the judgment highlights the key issues, arguments presented by both parties, legal interpretations, and the final decision and directions provided by the Tribunal in response to the appeal against the suspension of the CHA license.