2010 (7) TMI 390 - AT - Customs

Appeal cancellation of CHA licence of partnership firm due to change in constitution - DR took an objection that the Tribunal has no jurisdiction to entertain this appeal Held that - As per Section 129, the Tribunal has the power to entertain the appeal against a decision or order passed by the adjudicating authority under the Act - Commissioner (adjudicating authority) has passed an order which is appealable

Summary

Issues:
- Jurisdiction of the Tribunal to entertain the appeal against the order of the Commissioner of Customs canceling a license.
- Interpretation of provisions of Section 129A of the Customs Act, 1962.
- Whether the change in the partnership firm constituted a transfer of license under Regulation 12 of CHALR, 2004.
- Compliance with the requirements of Regulation 15 of CHALR, 2004 regarding the change in the constitution of the partnership firm.
- Applicability of Indian Partnership Act, 1932 in determining the validity of the change in the partnership firm.

Analysis:

The Tribunal addressed the jurisdictional issue raised by the learned DR, emphasizing that under Section 129A of the Customs Act, 1962, the Tribunal has the power to entertain appeals against decisions or orders passed by the adjudicating authority. The Tribunal found that the order of the Commissioner of Customs was appealable before them, dismissing the objection raised regarding jurisdiction.

Regarding the change in the partnership firm, the Tribunal examined the provisions of CHALR, 2004, specifically Regulation 15, which requires firms to intimate Customs within 60 days of any change in the constitution. The appellants fulfilled this obligation by notifying the Customs about the new partner. The Tribunal noted that the change did not constitute a transfer of license under Regulation 12 but rather a change in the partnership firm's constitution.

The Tribunal considered the submissions of both parties, concluding that the change in the partnership firm did not amount to a transfer or sale of the license. Instead, it was a reconstitution of the firm by inducting a new partner. The Tribunal highlighted the obligation on the Commissioner of Customs to verify if the change complied with the Indian Partnership Act, 1932, and directed the Commissioner to grant a new license if the documents were in order.

In light of the above analysis, the Tribunal set aside the impugned order, allowing the appeal and disposing of the stay petition accordingly. The decision emphasized the importance of compliance with regulatory requirements and the need for proper verification of documents to ensure the validity of changes in partnership firms under relevant laws.