9911796707
TMI Blog2001 (7) TMI 640X X X X Extracts X X X X X X X X Extracts X X X X ..... six months from the date of receipt of this order under Regulation 21 read with Regulation 23 of the Custom House Agents Licensing Regulations, 1984. 2. The brief, relevant facts are as below :- (a) The appellant was functioning as Custom House Agent (herein after referred to as CHA) in Customs House, on basis of a regular licence granted under Custom House Agents Licensing Regulations, 1984 (hereinafter referred to as CHALR, 1984). On 8-3-2000, they were issued a show cause notice under regulation 23 under CHALR, 1984 for revocation of CHA licence. (b) The allegations in the notice were, that 3 Bills of Entry filed by the appellant somewhere in 1998, on behalf of the importers, relating to three cases of imports of cars, we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the impugned findings of the learned Commissioner that merely because the CHA took instructions from an alleged third party, that also without a notice to the CHA, and not the person in whose names the Bills of Entry documents were filed for clearance, would ipso facto lead to the conclusion that the CHA was aware of the fact that the documents were false/fabricated/or did not reveal the correct facts. The documents in question are Registration books for the subject cars, which have been said to be fabricated and not to depict the true position of the registration of the cars outside India in U.A.E. These documents (registration books etc.) are records of a Government Department of U.A.E. being maintained in a foreign country, only after ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in sub-regulation (1), the Commissioner may, in appropriate cases, where immediate action is necessary, suspend the licence of a Custom House Agent where an enquiry against such agent is pending or contemplated. The suspension/revocation of licences under this regulation could be made on any of or all of the grounds given under Regulation 21(1). The Commissioner has not come to a specific finding as to under which ground of Regulation 21(1) he is considering that there was a failure or misconduct on part of the CHA. A perusal of this CHALR, 1984 does not indicate that taking alleged instructions from a third party, would be in contravention cast as regards the obligations on a CHA under Regulation 14 of CHALR, 1984. The obliga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt proceedings are for the misconduct of the CHA. Even if the Order-in-Original in Bill of Entry No. 5140 is set aside in appeal, the misconduct revealed in the clearances in respect of the other two Bills of Entry cannot be wiped off can therefore be not upheld, more so, when in the other two cases, the Department itself did not choose to issue a show cause notice to the appellant. Therefore, the findings of the learned adjudicators in these two cases, arrived at, as regards the misconduct of the CHA, without them being put to a notice is a finding arrived without following the principles of natural justice. (a) Findings about a conduct, arrived at, without issuing a notice to such person concerned about that conduct, ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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