9911796707
TMI Blog2008 (10) TMI 526X X X X Extracts X X X X X X X X Extracts X X X X ..... rt the said Regulation ). He submits that Regulation 9 provides grant of licence. Sub-Regulation (5) of Regulation 9 provides to make representation before the Chief Commissioner of Customs or the Chief Commissioner of Customs Central Excise, as the case may be, against rejection of the application under sub-regulation (3) of Regulation 9. He further submits that Regulation 11 provides period of validity of a licence. He submits that rejection of the renewal of the licence under Regulation 11 is on the same footing of Regulation 9 and, therefore, appeal against rejection of renewal of licence can not lie before the Tribunal. He relied upon the decision of the Tribunal in the case of G.P. Jaiswal v. Commissioner of Customs, Lucknow - 2008 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... validity of licence for a period of ten years from the date of issue and shall be renewed in accordance with the procedure prescribed in sub-regulation (2). Regulation 20 provides suspension or revocation of licence. Regulation 22 prescribed procedure for suspending or revoking licence under Regulation 20. Sub-Regulation (8) of Regulation 22 provides any CHA aggrieved by an decision or order passed under Regulation 20 or sub-regulation (7) of Regulation 22 may prefer an appeal under Section 129A of Customs Act, 1962 to the Tribunal. 4. The Tribunal in the case of G.P. Jaiswal (supra), while dealing with the application under Rule 41 of CESTAT (Procedure) Rules, 1982 seeking directions upon the Commissioner of Customs to comply with order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the licence lapses and though it can be renewed under Regulation 12(2), such renewal will be in the nature of fresh licence. The only difference is that the considerations for grant of fresh licence under Regulation 10 and its renewal under Regulation 12(2) are different. In the case of renewal, the consideration is limited to the factors specified in Regulation 12 as against the factors specified in Regulation 10(1) for grant of fresh licence. 11. The fact that there is specific provision for appeal before the Tribunal against order of suspension or revocation of licence, under Regulation 23(8) which shows that wherever the framers of Regulations wanted that there should be a right of regular appeal before the Tribunal with respect to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ministrative order and, therefore, the appeal is not maintainable, which was rejected by the Tribunal. The relevant portion of the decision of Sri Shipping Services (supra) - 2006 (202) E.L.T. 537 is reproduced below :- 3. After considering the submissions, we find that the Commissioner s order saying that the CHA s application for renewal of licence would be kept pending until completion of investigations is prejudicial to their right to do business as a CHA. Moreover, the order contains insinuation such a irregularities and misconduct against the CHA on the basis of facts found from investigations which are not yet complete. The order, certainly, inflicts civil consequences on the CHA and hence should be regarded as a quasi judicial or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on one of the grounds as stipulated in Clause (a) and (b) of Regulation 11(2). Where neither of the grounds exists, renewal of licence liable to be allowed. On the other hand, Delhi Bench in the case of G.P. Jaiswal observed that if there is no appeal provisions under Regulation 11 that will follow the remedy under Regulation 9. As there is a contrary views of two Division Benches of the Tribunal, I refer this matter to the Larger I Bench on the following questions :- (a) Whether the appeal against the order of Commissioner of Customs in respect of rejection of application for renewal of licence under Regulation (11) of CHA 2004 would lie before the Tribunal. (b) Whether CHA may avail the remedy against the order of rejection of ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
