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TMI Blog2006 (2) TMI 186X X X X Extracts X X X X X X X X Extracts X X X X ..... agency license as punishment is ultra vires Regulation 20(2) of the Customs House Agency License Regulations, 2004? (ii) Whether the Tribunal is correct in confirming interim suspension of license in the absence of any immediacy for suspension as mandated in Regulation 20(2) of the Customs House Agency License Regulations, 2004? (iii) Whether the respondents are right in interposing two basic conditions of prima facie case and immediacy of action as mandated under Regulation 20(2) of the Customs House Agency License Regulations, 2004 for ordering interim suspension of Customs House Agency License while the same are independent factors? (iv) Whether the Tribunal was right in upholding the interim suspension when the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red under Clause 11 of the said Regulation. Pursuant to which, the agent is expected to execute a bond and furnish security. 3.3As per clause 12, the licence thus granted under the Regulation is not transferable. Clause 13 prescribes the obligations to be discharged mandatorily by the agent. In the case of Agent or firm or company, as per Clause 14, 15 and 16, the change of Directors and the constitution are required to be informed. Clause 18 requires the agent to maintain the accounts and Clause 19 deals with the employment of persons. 4.For the purpose of the above appeal, it is relevant to extract the following provisions, which deal with the suspension or revocation of the licence: 20. Suspension of revocation of licence. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spending or revoking licence under Regulation 20.- (1) The Commissioner of Customs shall issue a notice in writing to the Customs House Agent stating the grounds on which it is proposed to suspend or revoke the licence and requiring the said Customs House Agent to submit, within such time as may be specified in the notice not being less than forty-five days, to the Deputy Commissioner of Customs or Assistant Commissioner of Customs nominated by him, a written statement of defense and also to specify in the said statement whether the Customs House Agent desires to be heard in person by the said Deputy Commissioner or Customs or Assistant Commissioner of Customs. 5.1In the instant case, the first respondent by proceedings dated 10-10-2005 h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Customs Act, 1962 and thus failed to comply with the obligation caused upon them in terms of regulation 13(d) of the CHALR, 2004. (iii) the Customs House Agent failed to exercise due diligence to ascertain the correctness of any information with regard to work handled in his name thus it appears that the CHA has failed to comply with the obligation under regulation 13(e) of CHALR, 2004. (iv) the Customs House Agent did not have control over the Customs clearance work and thereby failed to exercise supervision ensuring proper contact of the persons who transacted business. Hence the CHA apparently failed to comply with the provisions of regulation 19(8) of the CHALR, 2004 and thus the Customs House Agent had failed to compl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, 2004? (ii) Whether the Tribunal is correct in confirming interim suspension of license in the absence of any immediacy for suspension as mandated in Regulation 20(2) of the Customs House Agency License Regulations, 2004? (iii) Whether the respondents are right in interposing two basic conditions of prima facie case and immediacy of action as mandated under Regulation 20(2) of the Customs House Agency License Regulations, 2004 for ordering interim suspension of Customs House Agency License while the same are independent factors? (iv) Whether the Tribunal was right in upholding the interim suspension when the basic criteria for suspension as mandated under Regulation 20(2) of the Customs House Agency License Regula ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s an order of suspension has clearly observed in paragraph 10 and 11 of the order what facts and circumstances of the case warranted the first respondent to initiate the proceedings for suspension of the licence, which warranted the first respondent to pass an order of suspension pending cancellation proceedings under Regulation 20(2). Once the respondents are satisfied that prima facie case is made out to initiate cancellation proceedings under Regulation 22(1), consequently an order passed under Regulation 20(2) for suspending the licence pending such cancellation proceedings cannot be construed as a punishment by itself, inasmuch as the power conferred under Regulation 20(2) empowers the first respondent to pass an order of suspension pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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