9911796707
TMI Blog2007 (6) TMI 383X X X X Extracts X X X X X X X X Extracts X X X X ..... 001 on the issue of natural justice whether followed to decide their application for issue of Customs House Agent License. But a Written Note of Arguments was filed by the Appellant praying for disposal of the matter on merit. Such Written Note of Arguments was filed by Shri Dinendra Kumar Bose, challenging the impugned Order dated 5-5-03 passed by the learned Commissioner of Customs (Administration) holding that Shri Dinendra Kumar Bose, one of the partners of M/s. B.B. Bose Sons not having passed the requisite examination under Regulation 9 of Customs House Agents Regulations, 1984, his application for issuance of regular Customs House Agent (CHA) licence is liable for rejection. 1.2. In the Written Note of Arguments, the Appellant ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as permitted, the Firm carrying on business for a long time, should be granted CHA Licence. It was submitted that the learned Commissioner who considered case of the Appellant under Regulation 16, should have granted permission. In view of misinterpretation of the Customs House Agents Licensing Regulations, the Appellant was debarred from registration. 2.1. Learned J.D.R. appearing for the Revenue submitted that the Appellant had litigated this matter as early as 1998 on some plea or the other, and they have never come out with clean hands to claim relief. In the first round of litigation before this Tribunal in Appeal Case No. C-19/88 disposed on 15-3-99 by Order No. A-364/KOL/99 [2003 (162) E.L.T. 824 (Tri.)], they were sent back by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gistered Documents examiner who opined that the same one was a tampered document which was never prepared in normal condition. 3. Shri Dinendra Kr. Bose was charged with evasion of payment of entry tax and was once arrested. Therefore, his conduct and character is not above board as far as granting a CHA licence is concerned. 2.2 Against the letter of rejection dated 21-10-99, the Appellant was before this Tribunal again in the Appeal Case No. C-12/2000 and such appeal was disposed by Order dated 8-2-2001 in terms of Order No. A-132/KOL/2001. While remitting the matter back by the Tribunal, in Para 6 of the said Order, following finding was given : 6. After a close examination and a careful consideration of the arguments advanced fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... und that in the application dated 4-6-99 (at page 142 of the paper-book), Shri Dinendra Kumar Bose had signed and his particulars along with the particulars of other partner, Shri Sanjoy Kumar Bose were furnished. The learned Commissioner found that Shri Dinendra Kumar Bose, in Serial No. 7 of Application Form : C , has falsely stated that he had passed the respective examination under Regulation 9 of CHA Licensing Regulations, 1984. When this aspect was examined by the learned Commissioner and questioned, reply of the Appellant was that the information was submitted by mistake and inadvertently. Learned Commissioner found that Shri Dinendra Kumar Bose, not having passed requisite examination, his application for CHA was liable to be rejec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ower conferred by that Section, the Central Board of Excise and Customs has made a Regulation in respect of the matters provided in sub-section (2) of that Section. The said Regulation was called as Custom House Agents Licensing Regulations, 1984. Regulation 5 of 1984 Regulations made provision for making of application in Form : A for grant of temporary licence. The applicant has to prove to the satisfaction of the Commissioner that he fulfilled the conditions of Regulation 6. If the Commissioner is satisfied that the applicant has fulfilled requirement of Regulations 5 and 6, a temporary licence for a period of one year is permissible to be granted by Regulation 8 in Form : B . The temporary licensees are required to qualify in examina ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
