2005 (6) TMI 188 - AT - Customs

Summary

Issues:
1. Early hearing of appeal against suspension of Customs House Agent license.
2. Alleged involvement in customs fraud relating to drawback claim.
3. Suspension of license under Regulation 20(2) of Customs House Agents Licensing Regulations, 2004.
4. Justification of suspension order by the Commissioner.

Analysis:
1. The judgment deals with the application seeking early hearing of an appeal against the suspension of a Customs House Agent license. The Commissioner had suspended the license due to the alleged involvement of the agent in customs fraud related to a drawback claim. The Tribunal allowed the application for early hearing and proceeded to dispose of the appeal based on the request of the Counsel.

2. The impugned order of suspension was based on the involvement of the agent in filing shipping bills with inflated export values, falsely declaring the contents as 'High Fashion Ladies Dress'. The Commissioner found that the agent was not just processing papers but actively participating in the false declaration, indicating a nexus between the agent and the exporter. The Commissioner concluded that the agent's continuance was not in the public interest, given the nature of the fraud.

3. The suspension of the agent's license was carried out under sub-regulation (2) of Regulation 20 of Customs House Agents Licensing Regulations, 2004, which allows for suspension in "appropriate cases" where immediate action is necessary, including cases where an inquiry is contemplated. The Commissioner's order was justified as a show cause notice had been issued to the appellant regarding the false drawback claim, and the agent had appeared before the Commissioner on multiple occasions requesting consideration of written submissions.

4. Upon reviewing the record and submissions, the Tribunal found no grounds to interfere with the suspension order at that stage. The Commissioner had acted within the powers conferred by Regulation 20(2) of the Regulations, and the circumstances warranted the suspension. Consequently, the appeal was rejected by the Tribunal.

In conclusion, the judgment upheld the suspension of the Customs House Agent license based on the agent's alleged involvement in customs fraud, emphasizing the Commissioner's authority under the relevant regulations and the necessity of taking action in such cases.