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TMI Blog2016 (3) TMI 605X X X X Extracts X X X X X X X X Extracts X X X X ..... ich formed the basis for Notice dated 07.11.2012 issued by the respondent and this notice is one clearly falling within the ambit of Regulation 22(6) and not 22(1). Therefore, the order is invalid, as there is a clear and fatal violation of the clear procedure mandated for revocation of the appellant's licence authorised under Regulation 20, qua the mandated procedure under Regulation 22. - Decided in favour of appellant - Appeal No. C/60022/2013-CU (DB) - Final Order No. C/A/53807/2015-CU(DB) - Dated:- 9-12-2015 - G Raghuram, President And R. K. Singh, Member (T) For the Appellants : Ms Reena Rawat Mr Piyush Kumar, Advs For the Respondent : Mr Amresh Jain, DR ORDER Per G. Raghuram The appellant is a Customs Hous ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence to the appellant suspended the licence. On 21.07.2011, the Commissioner of Customs, Mumbai drafted a Show Cause Notice and authorised Shri KGVN Surya Teja, the Dy. Commissioner of Customs, SIIB, Mumbai to conduct enquiry into the alleged misconduct of the appellant.; On 20.09.2012, the Enquiry Officer furnished his report. On 07.11.2012, the respondent issued a Show Cause Notice enclosing a copy of the enquiry report, drawn up by the Dy. Commissioner of Customs, SUB, Mumbai and proposed revocation of appellant's CHA licence and forfeiture of security deposit, on the basis of recommendations and conclusions in the enquiry report dated 20.09.2012. The impugned order was passed on 29.07.2013 by Commissioner of Customs (I G), Delhi, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he satisfaction as to existence of grounds for potential revocation of the licence, is a satisfaction to be arrived at by the jurisdictional Commissioner and cannot be abdicated by the authority or usurped by the Mumbai Commissioner, who has no power to revoke appellant's licence, under Regulation 20 of CHALR, 2004. 5. Pursuant to an Interlocutory Order dated 28.10.2015, the ld. Departmental Representative was directed to ascertain whether the Enquiry Officer, i.e., Asst. Commissioner of Customs, SUB, Mumbai though facially appointed by the Mumbai Commissioner, was so appointed on specific directions/orders of the Delhi Commissioner, and whether the respondent Delhi Commissioner had issued a notice under Regulation 22(1). Ld. Departm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here no such statement is received within the time specified in the notice referred to, to direct Asst. Commissioner of Customs or Dy. Commissioner of Customs to inquire into grounds which are not admitted by the CHA. Clause (3) of the Regulation 22 authorises the enquiry authority so appointed, to consider such documentary evidence as may be relevant or material to the inquiry regarding the grounds forming the basis of the proceedings and to follow such other process as prescribed therein for the purpose of ascertaining the correct position. Clause (5) mandates that at the conclusion of the inquiry, the enquiring officer shall prepare a report of the inquiry and record his findings. Clause (6) requires the Commissioner of Customs to furnis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of executing a bond and provides that before grant of a licence under Regulation 9, the Commissioner of Customs shall require the applicant to enter into a bond, if necessary a surety bond and a licencee is also required to furnish a Bank Guarantee in the name of the Commissioner of Customs for the specified amount for carrying out the business as CHA. Regulation 12 prohibits the transfer of licence. Regulation 13 sets out obligations of the CHA. Regulations 14 to 19 are in the nature of house keeping provisions, such as change in directors of the company, change in constitution of company, change in constitution of a concern, engagement of persons qualified in the examination referred to in Regulation 8, maintenance and inspection of accou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ire into the grounds for suspension or revocation of the licence; only the jurisdictional Commissioner is authorised to consider the report of an enquiry, submitted by an officer nominated by such jurisdictional Commissioner; and arrive at a satisfaction whether a case is made out for suspension or revocation of the licence. 9. In the facts and circumstances of the present case, as earlier noticed, no notice contemplated under Regulation 22(1) or the nomination of enquiry authority as specified therein, ever emanated from the respondent, who is the jurisdictional Commissioner. The inquiry report dated 20.09.2012 by Shri KGVN Surya Teja, Dy Commissioner of Customs, SUB, Mumbai was wholly unauthorised as the respondent admittedly did not n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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