2018 (2) TMI 751 - HC - Customs

Suspension of CHA License - Regulation 19(2) of CBLR, 2013 - time limitation - Held that - In fact, there is a gross delay in concluding the enquiry for which there is no explanation. Even as of today, no final order has been passed on the basis of the Enquiry Report. Therefore, there is no reason to interfere with the findings of fact and ultimate order passed by the Tribunal - appeal dismissed.

Summary

Issues: Challenge to Tribunal's order suspending Customs Broker Licence, Delay in concluding enquiry, Appellate Tribunal's decision

Challenge to Tribunal's order suspending Customs Broker Licence:
The appeal before the High Court challenged the judgment and order dated 8 July, 2015 passed by the Customs, Excise and Service Tax Appellate Tribunal (Appellate Tribunal) at Mumbai. The respondent's Customs Broker Licence was suspended under Regulation 19(2) of Customs Broker Licensing Regulations, 2013. The Appellate Tribunal set aside the suspension order, allowing the respondent to function as a Customs House Agent pending the completion of the enquiry. The High Court found no fault in the Tribunal's decision, citing the enormous delay in concluding the enquiry and the failure to adhere to the time limit prescribed by the regulations. The High Court dismissed the appeal, stating that no substantial question of law arose in this regard.

Delay in concluding enquiry:
The High Court examined the delay in concluding the enquiry process. The enquiry report was belatedly submitted on 5 December, 2016, and the respondent was granted a personal hearing on 17 April, 2017. Despite the delay, no final order was passed based on the report. The Court noted the significant delays in the enquiry process, including the suspension of the licence in 2013 and the replacement of the Enquiry Officer in 2015. The High Court upheld the Tribunal's decision that the suspension order could not be continued due to the gross delay in concluding the enquiry, with no explanation provided for the delays.

Appellate Tribunal's decision:
The High Court affirmed the findings of fact and the ultimate order passed by the Appellate Tribunal. It was emphasized that the orders of the Tribunal and the High Court confirming the Tribunal's decision should not influence the authority responsible for dealing with the Enquiry Report. The Court directed that an appropriate order should be independently passed in accordance with the law, separate from the orders issued by the Tribunal and the High Court. A related Notice of Motion was disposed of as it no longer survived.