9911796707
TMI Blog2004 (3) TMI 550X X X X Extracts X X X X X X X X Extracts X X X X ..... /99, dated 20-7-1999 for the purposes of renewal of licence. 2. As per facts on record, the appellant is a Customs House Agent and was holding a licence valid up to 26-10-2001. Vide their letter dated 4-10-2001, they requested the Commissioner for renewal of the said licence. It was noticed that the appellant had not fulfilled the norms laid down by the Commissioner in the above referred Public Notice and his performance was not satisfactory. However, the licence was renewed for a period of two months. Thereafter, they were given further opportunity to show their performance by way of renewal of the licence for another one year on ex-gratia basis. However, during this period of one year also, the appellant s performance was not in accorda ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the decline in the business of import/export at Kolkata, was equally applicable to all the CHAs and the same does not have any bearing upon the operation of the Public Notice. He further observed that if one criteria of norms in the said Public Notice was not fulfilled, the CHA was entitled to renewal on the basis of other norms, for example, if the norms of documents per year was not fulfilled, the CHA could prove eligibility by way of clearance of packages in number or by value of clearance or by payment of duty. The present CHA has not fulfilled any one of the parameters. He also rejected the appellant s request to take average of the last five years performance. Accordingly, he rejected the request of the appellant for renewal of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 2001 (128) E.L.T. 90 (Tri.-Del.) wherein after taking into account the facts that the appellant s performance was not up to the mark and in accordance with the norms laid down by the Commissioner, the request for renewal of the licence was rejected. 7. I have considered the submissions made from both the sides. There is no dispute about the fact that the appellant s performance is not up to the mark and in accordance with the norms laid down by the Commissioner vide his above Public Notice issued in terms of Regulation 12(2)(a) of Customs House Agents Licensing Regulations, 1984 which gives him the power to set out the norms for renewal of the licence of CHA. The appellants have pleaded that one more chance be given to them in accordanc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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