1997 (2) TMI 284 - AT - Customs

Summary

Issues:
- Suspension of Custom House Agent (CHA) license
- Failure to respond to inquiries
- Impact on livelihood and business operations
- Previous suspension history
- Request for restoration of license
- Department's plea to proceed with inquiry

Analysis:

The judgment concerns the suspension of a Custom House Agent (CHA) license by the Commissioner of Customs, Mumbai, due to the proprietor's failure to respond to inquiries conducted by the Central Intelligence Unit (C.I.U.) of the Custom House. The appellant, represented by Shri H.R. Shetty, appealed the suspension, stating that the proprietor's absence was due to illness and treatment, leading to non-receipt of notices and subsequent failure to attend the Custom House for the inquiry. The appellant requested the restoration of the license, emphasizing the impact on livelihood and business operations.

The Department, represented by Shri S.V. Singh, opposed the appeal, citing past instances of suspension and the seriousness of the current conduct. The Department indicated that the inquiry was expected to conclude within 15 days and argued against allowing the appeal, highlighting the lack of a specific direction from the Bench to complete the proceedings within a set timeframe.

Upon considering the arguments from both sides and reviewing the suspension order, the Tribunal noted the reasons for suspension, including the proprietor's delayed responses and instances of forgery involving the CHA's stationery and stamps. Despite the nearly year-long suspension causing hardship to the proprietor and employees, the Tribunal decided to set aside the suspension order. The Tribunal directed the Commissioner to restore the license, allowing the appellants to resume business operations while emphasizing the need for cooperation in investigations and adherence to legal and ethical standards.

The Tribunal's decision was based on the sympathetic consideration of the impact on livelihood, the lack of specific compliance issues, and the expectation of responsible conduct from the appellants in their capacity as a Custom House Agent. The appeal was allowed, and the Department was instructed to ensure prompt follow-up actions post-investigation to maintain integrity and diligence in customs operations.