Customs house agent licence transfer requires proof of third-party control over licensed work, not just payment through another person.

Revocation of a customs house agent licence for alleged sub-letting or transfer was not justified where the record did not show that customs clearance work, shipping bill processing, or other formalities were performed by anyone other than the licence holder's employees. Regulation 13 prohibits sale or transfer of the licence, but contravention requires proof that the licensed work itself was carried out by another person or under that person's control. Mere receipt of payment through a third party did not, by itself, establish transfer or sub-letting, because the regulations did not bar payment being received from someone other than the exporter. The allegation was therefore unproved and revocation was unsustainable.

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Issues: Whether the customs house agent licence could be revoked on the ground of alleged sub-letting or transfer of the licence under Regulation 13 of the Customs House Agent Licensing Regulations, 1984.

Analysis: Regulation 13 prohibits sale or other transfer of a licence, and contravention requires proof that the customs house agent's work was carried out by another person to whom the licence was sold or transferred. The record did not show that the clearance work, processing of shipping bills, or other customs formalities were performed by anyone other than the appellant's employees. The finding of violation was based only on the circumstance that payment for the work was received through a third party. The regulations did not bar receipt of payment from a person other than the exporter, and such receipt by itself did not establish transfer or sub-letting of the licence.

Conclusion: The allegation of transfer or sub-letting of the licence was not proved, and revocation of the licence was unsustainable.

Final Conclusion: The appeal succeeded and the order revoking the customs house agent licence was set aside.

Ratio Decidendi: Alleged transfer or sub-letting of a customs house agent licence cannot be inferred merely from receipt of payment through a third party unless there is evidence that the licensed work itself was carried out by that third party or under its control.

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