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TMI Blog2006 (11) TMI 227X X X X Extracts X X X X X X X X Extracts X X X X ..... on 22 has been set in motion and the CHA also participated in the proceedings by submitting a representation against the order of suspension of the License and requesting for a personal hearing, whether it is correct for the Hon'ble Tribunal to obstruct the due process of law by prescribing a limited frame and declaring the very suspension order null and void if the enquiry could not be completed within the specified time? (2) When as per Regulation 22(8) of the CHALR, 2004 that a Customs House Agent could become aggrieved only on account of any decision or order passed under Regulation 20 which is subject to compliance with the requirement of Regulation 22 and sub-regulation (7) of Regulation 22 for the purpose of preferring appeal to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4), Executive Operations and K. Rajkumar, Office Assistant, involved in fraudulent availment of export incentives by the following exporters operated through the said M/s. Sindhu Cargo Services Limited, Coimbatore. (1) Aargee Exports, Tirupur. (2) A.S.P. Trading, Tirupur. (3) Christle India, Tirupur. (4) Royal Stitch, Tirupur. (5) Lintas Int, Tirupur. (6) Raghu Exports, Coimbatore. (7) Maha Fashions, Tirupur. (8) Uma Maheswari Exports, Tirupur. (9) Sri Vari Textiles, Tirupur. (10) Thiru Anamalai Exp, Tirupur. (11) Surya Overseas, Coimbatore. (12) Titanic Tex, Tirupur. (13) Mahima Exports, Coimbatore. (14) Varshini Exports, Tir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ices Limited, produced the copies of the fake BRC of the following exporters, which were available with him : (1) Raghu Exports (2) Uma Maheswari Exports (3) Varshini Exports (4) Fine Style Garments The said investigation revealed that the CHA had transacted business for non-existing exporters as none of them were found to be transacting or carrying out business in the declared premises as given in the IEC license. The correspondence of the Department, sent to the above exporters were returned as undelivered. As per the said Regulations, the CHA failed to comply with the obligations imposed upon them under the said Regulations. Such non-compliance of provisions of CHALR, 2004 and non-compliance of oblig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igations imposed upon them in terms of Regulation 13(d) of the CHALR, 2004. (iii) The CHA failed to exercise due diligence to ascertain the correctness of any information with regard to work handled in its name. Thus it appears that the CHA has failed to comply with the obligation under Regulation 13(e) of CHALR, 2004. (iv) The CHA 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. 3. The first respondent has prima facie failed to comply with the above obligations and they are liable for action under Regulation 20(1) of CHALR, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plete the enquiry and pass final orders against the CHA within a stipulated time. Hence the order of the Appellate Tribunal is wrong, illegal, without basis and justification. 5. Heard the counsel. The Appellate Tribunal, after considering the facts and materials, passed the order as follows : "7. It is necessary for the ends of justice that the inquiry proceedings against the CHA be initiated without any further delay and be concluded in accordance with law and the principles of natural justice within the minimum possible time, having regard to the fact that the suspension of CHA Licence has affected the livelihood of the employees of the CHA. In the case of Freightwings and Travels Ltd. v. Commissioner reported in 2001 (129) E.L.T. 22 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Tribunal's Larger Bench decision in the case of Freightwings and Travels Ltd. (supra), the CHA should be given a post-decisional hearing at the earliest and the Commissioner should take a decision as to whether the suspension order should be allowed to continue. An order in this behalf should be passed within fifteen days from the date of receipt of this order, failing which, it is made clear, the impugned order will stand set aside. The appeal is disposed of along with the applications therein." From a reading of the above, it is clear that only a direction was given to the Commissioner of Customs to complete the enquiry and pass final orders against the CHA, within a stipulated time. The reason for giving such direction was that, t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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