9911796707
TMI Blog2014 (5) TMI 85X X X X Extracts X X X X X X X X Extracts X X X X ..... se of Assessee that if stock far in excess of the registered stock is found from the warehouse, the same may not be amounting to breach of conditions of the license – This Court is not at this stage required to comment on any possible action that the customs authorities may finally take in terms of Section 58(2). In view of major discrepancy in the registered stock and the physical stock prima–facie found by the customs authorities during the early investigation, the competent authority had every right to suspend the licence of assessee in terms of Section 58 (3) - Customs authorities must also complete the investigation so as to put an end to the ongoing suspense – Matter is remanded back to the authorities for fresh decision – Decided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the warehouse of the petitioner. A panchnama of such a visit was drawn on the same day. Finding discrepancy in the declared stock and the physical stock, the customs authorities sealed the godown. On 16 th August 2012, further enquiry was carried out with respect to actual physical stock. The petitioner was directed not to clear any goods from the godown. On 15 th September 2012 the Superintendent of Customs, Kandla handed over for safe custody to the petitioner certain goods seized under the panchnama dated 15 th August 2012 and directed the petitioner to look after the said goods and not to sell, transfer or deal with them in any manner. The petitioner was instructed to maintain the goods in the same condition till further instruct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gations against the petitioner should the order of the suspension of licence be quashed. Section 58 of the Act pertains to the licensing of private warehou ses. Sub section (1) thereof empowers the Assistant Commissioner or Deputy Commissioner of Customs to grant licence to private warehouses wherein dutiable goods imported may be deposited. Subsection (2) of Section 58 empowers the said authorities to cancel the licence granted under subsection (1) by giving one month‟s notice or if the licensee is found to have contravened any of the provisions of the Act or Rules, committed any breach of conditions of licence, of course, after giving a reasonable opportunit y to the licensee of being heard. Subsection (3) of Section 58 permits ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Having said that, the customs authorities must also, in our view, complete the investigation so as to put an end to the ongoing suspense. Learned counsel for the petitioner stated that the petitioner will cooperate with the ongoing investigation. The authorities are, therefore, given outer time limit of six weeks from now on to complete the enquiry and thereafter to proceed on the basis of such materials that maybe collected during such enquiry. Upon completion of such investigate on, the competent authority shall review the situation and take a fresh decision whether the suspension of licence of the petitioner is required to be continued or not. He shall pass an order in this respect and communicate the same to the petitioner as soon as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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