2016 (6) TMI 910 - AT - Customs

Renewal application of CHA license - subletting of the license - allegation that blank documents duly singed were handed over by CHA to other person for transacting business with customs for purely monetary consideration - when the respondent filed application for renewal of license, he was asked to show cause why his application for renewal should not be rejected. Shri K.Vijaya Kumar, G.Card holder was also issued Show cause notice, why action should not be initiated for misuse of G Card. Held that - On appreciating the facts, we are able to see that no evidence is put-forth by department to prove that the handing over of blank signed and shipping bills were not done by respondent for the sake of convenience, but for receipt of consideration. We therefore are of the considered opinion that this is a matter fit for remand to the original authority for denovo adjudication. The original authority shall give reasonable opportunity to the respondent to furnish any further evidence if necessary. - Decided partly in favor of revenue.

Summary

Issues:
Renewal of CHA license, Misuse of CHA license, Mis-declaration of RSP, Violation of Customs Act, Renewal application processing, Allegations of receiving consideration for subletting license.

Renewal of CHA license:
The appeal was filed by Revenue against the Commissioner's order dropping further proceedings on the renewal application of CHA license. The respondent, a proprietary firm, applied for renewal under Custom House Agents Licensing Regulations, 2004. During an investigation, it was found that the licensee's performance was unsatisfactory, and there were instances of mis-declaration of goods. Blank shipping bills signed by the licensee were recovered from another entity. The Commissioner ordered the renewal application to be processed but directed the respondent to be more cautious.

Misuse of CHA license:
The respondent was accused of allowing a G-card holder to misuse the CHA license by signing customs documents and handling clearance work. Show cause notices were issued regarding failure to guide importers correctly and misuse of the G-Card. The Commissioner found that the G-card holder was utilizing the CHA license and receiving remuneration, establishing a violation of regulations. The respondent defended the actions as a matter of convenience, denying any wrongdoing.

Mis-declaration of RSP and Violation of Customs Act:
Allegations were made against the respondent for involvement in mis-declaration of RSP by importers and for handing over signed blank documents to the G-card holder, which was deemed a violation of regulations. The Commissioner observed that the respondent should not have provided blank signed documents, establishing a violation of regulations.

Renewal application processing:
The Commissioner, despite finding violations, ordered the renewal application to be processed after considering the lapse of 10 months without renewal as sufficient punishment. The Revenue argued against renewal due to the handing over of signed blank documents for monetary consideration, but lack of evidence supporting the allegations led to a remand for further adjudication.

Allegations of receiving consideration for subletting license:
The Revenue contended that the respondent received monetary consideration for subletting the license, but lack of evidence supporting this claim led to a remand for denovo adjudication. Previous judgments were cited where lack of evidence of consideration led to dismissal of similar allegations. The Tribunal remanded the matter for further adjudication, giving the respondent an opportunity to provide additional evidence if necessary, with a directive for the case to be disposed of within three months.