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TMI Blog2008 (2) TMI 232X X X X Extracts X X X X X X X X Extracts X X X X ..... Agarwal, Member (T) Shri R.B. Pardeshi, Advocate, for the Appellant. Shri Ajay Saxena, SDR, for the Respondent. Order Per: K.K. Agarwal, Member (T) This is an appeal against the order of the Commissioner suspending the CHA licence of the appellant under Regulation 20(2) of the Custom House Agents Licensing Regulations, 2004 on the ground that an enquiry is contemplated against the CHA under R 22 of the Custom House Agents Licensing Regulations, 2004. The impugned order lists out five cases involving misconduct on the part of the appellant. 2. Ld. Advocate Shri R.B. Pardeshi for the appellant submits that the appellant is a reputed CHA and the volume of work shows that the firm was handling more than 3000 expor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court has held that where licence has been suspended after 1 1 /2 years of alleged illegality have been found, then proceedings cannot be initiated under Regulation 20(2) of the Custom House Agents Licensing Regulations, 1984. An order of suspension in emergent situation can be passed by recording reasons without hearing the CHA in the first instance, but the situation should be emergent. He referred to various other tribunal's decisions to the same effect. 3. Referring to the five instances pointed out by the Commissioner in his order of suspension, he submitted that the first case related to some detection by the Directorate of Revenue Intelligence, Mumbai in the year 2002 and even in that case, the penalty imposed on the CHA b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 4. Ld. DR however submits that in this case, even though, the events might have occurred in 2001-02 penalties under the Customs Act have been imposed by the Additional Commissioner and Jt. Commissioner for aiding and abetting the mis-declaration and fraudulent claim of drawback by the exporters. All these orders have been passed on 29-Sep-2007 and therefore, are quite recent. Once the charges have been sustained against them, by the competent authority, it has to be considered as an emergent situation and the powers under Regulation 20(2) have to be exercised as the Government cannot jeopardize its revenue. The cases cited by the appellant did not involve a situation where charges of misconduct has been established or penalties have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce sets out five cases of gross misconduct on two cases and ₹ 1 lakh has been imposed on the appellant. The charges are very grave of aiding and abetting in misdeclaration and fraudulent claim of draw back. Two of these cases are very recent where the order imposing penalty has been issued on 29-Sep-07. In such cases where there is a repeated commissioning of offences, an emergent situation can be said to have arisen warranting immediate action by the Commissioner in suspending the licence of the CHA. In various decisions of the various High Courts and Tribunal cited by the appellant the situation as brought out in the impugned order was not present and there was no instance where the charges of aiding and abetting misdeclaration and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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