2011 (2) TMI 1204 - AT - Customs

CHA - suspension of licence - grievance of the appellant is that, on account of the above suspension of licence by the Commissioner of Customs they are not able to carry on their business in other places where they did not commit any offence - Held that - CHA should be allowed to carry on their business in those places where they have not committed any offence punishable under the CHALR, operation of the Commissioner s order will stand stayed in so far as the appellant s business in other places where they did not commit any offence

Summary

Issues:
1. Suspension of license of a Customs House Agent (CHA) by the Commissioner of Customs, Aurangabad.
2. Appeal seeking stay of the suspension order and out-of-turn disposal of the appeal.
3. Impact of the suspension on the CHA's business operations in different locations.
4. Delay in launching investigations under the Customs House Agents Licensing Regulations (CHALR).
5. Decision on allowing the CHA to continue business in locations where no offense was committed.

Analysis:
1. The judgment addresses the suspension of a CHA's license by the Commissioner of Customs, Aurangabad, due to the CHA's involvement in certain exports at Mundra Port. The suspension was confirmed after following natural justice procedures, leading to the CHA challenging the order dated 9-9-2010.

2. The CHA, operating in multiple locations including Mumbai and Pippava, faced difficulties continuing business due to the suspension, affecting around 40 employees. The appeal sought a stay on the order and expedited disposal of the case, highlighting the absence of investigations under CHALR against the appellant.

3. The tribunal considered the circumstances and submissions from both sides, emphasizing the need for justice. It noted the absence of pending investigations against the CHA and criticized the delay in launching them, stating that suspension under Regulation 20(2) should be temporary pending or anticipating investigations.

4. The judgment concluded that the CHA should be allowed to operate in locations where no offense was committed, criticizing the Commissioner's delay in launching investigations. Consequently, the tribunal ordered a stay on the Commissioner's order concerning the CHA's business in Mumbai, Pippava, and Aurangabad. The case was scheduled for an early hearing on 5-5-2011.