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TMI Blog2017 (6) TMI 1215X X X X Extracts X X X X X X X X Extracts X X X X ..... and the same could be relaxed, if the Commissioner is satisfied with the reasons for its non-satisfaction as is evident for Rule 11 of the 2004 Regulations. The respondent’s CHA licence continues to be valid today after having been renewed from time to time by the Commissionerate at Nagpur. This indicates that on being medically fit, the respondent has achieved the prescribed norms of business. The license is renewed - Appeal dismissed - decided against Revenue. - Customs Appeal No. 3 of 2007 - - - Dated:- 28-6-2017 - M.S. Sanklecha and Manish Pitale, JJ. Shri S.N. Bhattad with K. Nalamwar, Advocates, for the Appellant. Shri Anand Parchure with R.M. Vaidya, Advocates, for the Respondent. JUDGMENT P.C. : This app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This on the ground that the respondent had for the years 1999-200, 2001-2002 and 2002-2003 not performed work as CHA, except for filing four Bills of Entry in the year 2000-2001. Thus, relying upon the Public Notice No. 9/98 as amended by 5/2004, dated 21st April, 2004, the Commissioner of Customs found that the respondent had not carried out minimum prescribed work both volume wise and revenue wise so as to continue his work as a CHA. (C) Being aggrieved, the respondent filed an appeal to the Tribunal. By the impugned order, the Tribunal noted the fact that the respondent has suffered multiple injuries due to an accident on 12th March, 2001, and was hospitalized till 2nd April, 2002. Thereafter, he was advised complete bed rest. Howe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w a licence when minimum requirement of business as laid down by the public notice are not satisfied. In the present facts, this discretion should not have been interfered by the Tribunal. 6. We find that the reliance upon the decision of the Delhi High Court in case of Premier Clearing Agency (supra) by the impugned order was most appropriate. The Delhi High Court in the above case was dealing with an identical provision regarding renewal of licence as contained in Customs House Agents Licensing Regulations, 1984. In the above case, the Court held that Collector has discretion whether or not to renew a licence, even in cases where the performance of CHA has been unsatisfactory. The Court held that the Regulation itself indicates that th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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