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TMI Blog2015 (10) TMI 1023X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of CHA licence is liable to be set aside and the appellants are allowed to perform their duties as CHA - Decided in favour of appellants. - Appeal No.C/40390/2013 - FINAL ORDER No.40906/2015 - Dated:- 28-5-2015 - Shri R. Periasami and Shri P.K. Choudhary, JJ. For The Appellant : Dr.S. Krishnanandh, Advocate For The Respondent : Shri B. Balamurugan, AC (AR) Per R. Periasami The appeal is filed by appellant-CHA against the suspension order of CHA licence by the impugned Order-in-Original No.20285/2013 dt. 15.2.2013 passed by Commissioner of Customs (Seaport-Import), Chennai. 2. The brief facts of the case are that appellant M/s.KBS manian Brothers Pvt. Ltd. was a holder of CHA licence No.R.140 CHA valid upto 10. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e allegation of not meeting the importer by CHA and advising them to comply with the provisions of Customs Act cannot be a ground to suspend the licence. The other ground that CHA did not inform the department of wrong shipment by the overseas suppliers is not sustainable as he based on the advice by appellant-CHA only, the overseas supplier themselves informed about the wrong shipment directly to the Customs. The appellant is one of the oldest CHA operating in Chennai Custom House. In so far as the verification of the IEC is concerned, the appellant had verified the same from the website of the DGFT. He submits that there is inordinate delay in issuance of SCN dt. 25.10.2013 which came to be received by the appellant only on 16.9.2014 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed and not acceptable. 7. In this regard, the Hon'ble jurisdictional High Court of Madras in the case of CC Vs CESTAT Chennai (supra) dismissed the Revenue's C.M.A. and upheld this Tribunal order revoking the suspension on identical case. The relevant paragraph of Hon'ble High Court order is reproduced as under :- 26. The Government of India, Ministry of Finance (Department of Revenue), Central Board of Excise Customs, New Delhi has also issued Circular No. 9/2010-Cus., dated 8-4-2010 in F. No. 502/2008-Cus VI, wherein clarification on procedures in issuance of licence to CHAs have been issued and it is relevant to extract the following paragraphs : (v) Time limit for completion of suspension proceedings against CHA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and an opportunity for personal hearing is given to the aggrieved party. Further, Board has also prescribed certain time limits in cases warranting immediate suspension under Regulation 20(2). Accordingly, the investigating authority shall furnish its report to the Commissioner of Customs who had issued the CHA license (Licensing Authority), within thirty days of the detection of an offence. The Licensing Authority shall take necessary immediate suspension action within fifteen days of the receipt of the report of the investigating authority. A post-decisional hearing shall be granted to the party within fifteen days from the date of his suspension. The Commissioner of Customs concerned shall issue an Adjudication Order, where it is possib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aken in respect of the cases on hand. 32.As already pointed out by the Tribunal in the impugned order passed in the appeals that no person's right to carry on his profession can be stopped for a prolonged period through the means of a suspension order and such an approach is against the provisions in Regulations 20 and 22 of CHALR, 2004. In fact, CESTAT South Zone, Chennai in the decision in Maharaja Cargo v. Commissioner of Customs [2012 (284) E.L.T. 409 (Tri.-Chennai)] has found that the order of suspension under Regulation 20(2) is sustainable and observed that the action to suspend CHA is only a preliminary and interim measure and the authorities are required to hold an enquiry and decide whether any action is required to be take ..... X X X X Extracts X X X X X X X X Extracts X X X X
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