2015 (1) TMI 533 - HC - Customs

Revocation of CHA license - Non compliance with Tribunal s order of restoration of license lead to contempt proceedings - Held that - Revenue nor its officers are at fault. They have filed Appeals to this Court and the Appeals are registered but do not reach admission. They are not heard for admission not because of any fault of the officers or the Advocates but because of pressure of work on this Court. The Tribunal therefore should not have passed such an order and visiting the party with contempt proceedings for failure to implement it. - The Tribunal s order can be given effect to subject to the pending Appeal by the Revenue in such cases. Ordinarily, this would not require any application before the Tribunal or before this Court. - licence of the Respondent Agency be restored subject to the outcome of the instant Appeal. The restoration will not prejudice the rights of the Revenue in this Appeal.

Issues:
1. Interpretation of regulations under CHALR, 2004 regarding the relevance of statements recorded before Investigating Authorities.
2. Validity of relying on specific judgments for interpreting CHALR, 2004 provisions.
3. Implementation of Tribunal's order regarding revocation of Customs House Agent License and security deposit forfeiture.
4. Contempt of Court proceedings initiated by the Tribunal for non-compliance with its order.
5. Stay application filed by the Revenue for interim relief.

Analysis:
1. The first issue revolves around the interpretation of CHALR, 2004 regulations concerning the relevance of statements recorded under Section 108 of the Customs Act, 1962. The Court considered whether such statements are admissible as evidence in proceedings under CHALR, 2004. The Court examined the Tribunal's decision and the applicability of the judgment in Jasjeet Singh Marwaha vs. Union of India 2009 (239) ELT 407 (Del) to determine if statements recorded before Investigating Authorities are crucial for proving charges under CHALR, 2004.

2. The second issue focuses on the validity of relying on the judgment in Thakkar Shipping Agency v. Collector of Customs, Bombay 1994 (69) ELT 90 (Tri) for interpreting CHALR, 2004 provisions. The Court assessed whether CHALR, 2004 contains provisions authorizing the use of statements recorded under Section 108 of the Customs Act, 1962 as evidence, and if the specific procedure outlined in Regulation 22 of CHALR, 2004 supersedes the general procedure under sections 108/124 of the Customs Act, 1962 in such proceedings.

3. The third issue pertains to the implementation of the Tribunal's order dated 31st July, 2013, which allowed the appeal of the Respondent, restoring their Customs House Agent License and security deposit. The Court noted that the Tribunal's order had not been executed, leading to a subsequent order by the Tribunal on a Miscellaneous Application threatening contempt of Court proceedings for non-compliance.

4. The fourth issue involves the Tribunal's decision to initiate contempt proceedings due to non-compliance with its restoration order. The Court deliberated on the reasons for non-implementation, emphasizing the need for a balanced approach and considering the workload of the Court in processing appeals.

5. The final issue concerns the Revenue's application for a stay on the Tribunal's order pending the appeal process. The Court evaluated the grounds for granting a stay, balancing the substantial questions of law raised by the Tribunal's findings and ensuring that the Respondent's rights were not unduly prejudiced. Ultimately, the Court dismissed the stay application, directing the restoration of the Respondent's license pending the outcome of the appeal while cautioning against blanket orders in similar cases.

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