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Issues:
Appeal against denial of renewal of CHA licence based on non-compliance with performance norms set by Public Notice No. 33/96. Analysis: The appellants sought renewal of their CHA licence but were denied due to not meeting the performance requirements outlined in Public Notice No. 33/96. The Notice mandated criteria such as handling 500 documents per year, clearing 5000 packages annually, and processing packages worth at least Rs. 50 lakhs. The appellant's performance fell short of these benchmarks, with only 27 documents cleared, 468 packages handled, and goods valued at Rs. 38.03 lakhs in 1996, and 15 shipping bills, 443 packages handled, and goods worth Rs. 28.85 lakhs in 1997. The appellant argued discrimination, stating that Delhi Customs' norms were higher than other Commissionerates, and their overall business in the past five years exceeded the set limit. The appellant, in business for 92 years, pleaded not to be deprived of livelihood due to a single year's performance. The opposing argument highlighted that each Commissionerate sets its own norms under Customs House Agents Regulation 12(2)(a), and the appellant's performance was significantly below the prescribed standards, justifying the non-renewal of the licence. The Tribunal, after considering both sides, acknowledged the Commissioner's authority to establish renewal norms and found the appellant's performance subpar. Consequently, the Tribunal upheld the Commissioner's decision to deny licence renewal, citing the lack of legal flaws in the impugned order. Thus, the appeal was dismissed, affirming the refusal to renew the CHA licence based on performance inadequacy.
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