2012 (12) TMI 52 - HC - Customs

Suspension or Revocation of CHA licence - territorial jurisdiction of the commissioner - Withdrawal of show cause notice - held that - It is apparent that the respondent authorities realising the mistake, have issued the above letters to the respondent s counsel to inform this court that the show-cause notice will be withdrawn immediately, accepting the plea taken by the petitioner. The statements made by the Assistant Commissioner (Legal) in the above two letters are recorded and the authority is directed to issue proper proceeding for withdrawal of the show-cause notice forthwith. It is incumbent on the department to ensure that such error do not occur in future giving rise to undue delay in initiating proper proceedings.

Summary

Issues involved:
1. Challenge to show-cause notice issued under Custom House Agents Licensing Regulations, 2004
2. Inquiry report challenge under Custom House Agents Licensing Regulations, 2004
3. Interpretation of circular regarding suspension or revocation of Custom House Agents (CHAs)
4. Jurisdictional issue between Coimbatore Commissionerate and Thiruvananthapuram Commissionerate
5. Withdrawal of show-cause notice based on clarification

Issue 1: Challenge to show-cause notice issued under Custom House Agents Licensing Regulations, 2004
The petitioner, a Custom House Agent, challenged a show-cause notice issued by the Commissioner of Central Excise and Customs, Coimbatore, under Regulation 22 of Custom House Agents Licensing Regulations, 2004. The notice called for an explanation as to why the petitioner's Custom House Agent License should not be revoked. The challenge was based on a circular issued by the Government of India, Ministry of Finance, regarding the suspension or revocation of CHAs operating on 'C' form intimation basis.

Issue 2: Inquiry report challenge under Custom House Agents Licensing Regulations, 2004
Another writ petition was filed challenging an inquiry report dated 11.5.2012 issued under Regulation 22(5) of Custom House Agents Licensing Regulations, 2004. The petitioner sought to quash the report pending against them.

Issue 3: Interpretation of circular regarding suspension or revocation of Custom House Agents (CHAs)
The circular highlighted the procedures for suspension or revocation of CHAs operating on 'C' form intimation basis. The Senior Counsel for Customs and Central Excise was asked to provide clarifications regarding the circular. The Assistant Commissioner clarified that the jurisdiction to decide the case might not lie with the Coimbatore Commissionerate and mentioned a case of fraudulent drawback availment involving the same CHA.

Issue 4: Jurisdictional issue between Coimbatore Commissionerate and Thiruvananthapuram Commissionerate
The Assistant Commissioner indicated that the Thiruvananthapuram Commissionerate had issued a show-cause notice proposing to revoke the CHA license based on a previous case involving fraudulent activities. This raised a jurisdictional issue between the two Commissionerates regarding the handling of the case.

Issue 5: Withdrawal of show-cause notice based on clarification
The respondent authorities acknowledged the mistake and issued letters stating that the show-cause notice would be withdrawn immediately. The Commissioner of Customs, Central Excise, and Service Tax, Coimbatore, informed the High Court that the matter would be referred to the Commissioner of Central Excise and Customs, Trivandrum, for appropriate action. The Court directed the authorities to withdraw the show-cause notice promptly to avoid undue delays in the proceedings, while allowing the department to proceed as per the law for the alleged violations.

In conclusion, the High Court disposed of both writ petitions, directing the withdrawal of the show-cause notice and emphasizing the importance of avoiding errors in legal proceedings to prevent delays. The jurisdictional issues between Commissionerates were highlighted, and the circular regarding CHAs' suspension or revocation was subject to interpretation and clarification by the authorities involved.