2010 (8) TMI 812 - AT - Customs

Tribunal overturns Customs House Agent license revocation due to lack of natural justice

The Tribunal allowed the appeal in the case involving the suspension and revocation of a Customs House Agent (CHA) license. The Commissioner of Customs ... - Appellants, a Customs House Agent (CHA), had their CHA licence suspended and later revoked after an inquiry found failures to obtain client authorization and breaches of Regulation 13(a), (b), (d) & (l) of the Customs House Agents Licensing Regulations, 2004 (CHALR). Appellants challenged the revocation on grounds of violation of principles of natural justice, arguing the enquiry report was not furnished and Regulation 22(6) & (7) were not followed. The Tribunal emphasized the mandatory nature of those provisions, reproducing them: '(6) The Commissioner of Customs shall furnish to the Customs House Agent a copy of the report of the Deputy Commissioner of Customs or Assistant commissioner of Customs, and shall require the Customs House Agent to submit, within the specified period not being less than sixty days, any representation that he may wish to make against the findings of the Deputy Commissioner of Customs or Assistant Commissioner of Customs.' and '(7) The Commissioner of Customs shall, after considering the report of the inquiry and the representation thereon, if any, made by the Customs House Agent, pass such orders as he deems fit.' Because the report was not furnished, the revocation was set aside and the matter remanded for fresh decision in accordance with natural justice; Commissioner directed to pass fresh order within three months.