2017 (6) TMI 1061 - HC - Customs

High Court grants mandamus enforcing Tribunal order on CHA license renewal

M/s. Vee Vee Clearing and Forwarding Pvt Ltd Versus The Commissioner of Customs, The Assistant Commissioner of Customs (CBLR)

The High Court granted the petitioner's mandamus request to enforce the Customs, Excise and Service Tax Appellate Tribunal's order setting aside the ... Cancellation of CHA licence - though an order dated 30.05.2017 was passed renewing the license of the petitioner, they were not however permitted to operate as a custom house agent - Held that: - Since the license of the petitioner is renewed through proceedings dated 30.05.2017 and they were also directed to appear before the first respondent for passing further orders, it is for the petitioner to appear so as to enable the respondents to issue further orders - petition disposed off. Issues:1. Mandamus sought to implement a final order of the Customs, Excise and Service Tax Appellate Tribunal.2. Renewal of license without permission to operate as a custom house agent.3. Direction to appear before the respondents for further orders.4. Pending appeal challenging the Tribunal's order.Analysis:1. The petitioner sought a mandamus to enforce the Customs, Excise and Service Tax Appellate Tribunal's final order setting aside the cancellation of their CHA license by the first respondent. The High Court noted the renewal of the license but highlighted the issue of non-permission to operate as a custom house agent despite the renewal.2. During the final disposal of the matter, the petitioner's counsel informed the court that although the license was renewed by an order dated 30.05.2017, the petitioner was not allowed to function as a custom house agent. The respondents' Senior Counsel explained that the petitioner needed to present the original license for necessary endorsements, and appearing before the respondents was necessary for further orders. It was also mentioned that a departmental appeal was filed challenging the Tribunal's decision, making the renewal and subsequent orders subject to the appeal's outcome.3. The court directed the petitioner to appear before the respondents by a specified date to facilitate the issuance of further orders. The petitioner was instructed to comply to enable the respondents to proceed with the necessary actions. The court emphasized that any orders issued would be contingent upon the decision of the appeal pending before the Division Bench of the High Court.4. Ultimately, the writ petition was disposed of with the directive for the petitioner to appear before the respondents by a set deadline for the issuance of further orders. The court clarified that any orders made would be subject to the outcome of the appeal before the Division Bench. The judgment concluded by stating that the writ petition was disposed of without imposing any costs on either party.