CHA licence transfer allegation not proved; cancellation could not stand on the materials relied upon.

Cancellation of a CHA licence could not be sustained where the allegation that the licence had been sold or transferred was not proved. The materials showed that the CHA had handled consignments, prepared and presented documents, and obtained authorisations in the ordinary course of business. Receipt of money from a client and use of intermediaries, without more, did not establish sale or transfer of the licence. As the related allegations of failure to supervise, failure to advise clients, and improper document preparation were also not proved on the accepted findings, the basis for cancellation fell away.

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Issues: Whether the cancellation of the CHA licence on the ground that the licence had been sold or transferred to others in breach of the Customs House Agent Licensing Regulations, 1984 was sustainable.

Analysis: The materials relied upon by the Commissioner were considered against the findings on the other charges, which showed that the CHA had handled the consignments, prepared and presented documents, and obtained authorisations in the ordinary course of business. The alleged receipt of money from a client and the use of intermediaries, by themselves, did not establish that the licence had been sold or transferred. Since the remaining allegations of failure to supervise, failure to advise clients, and improper preparation of documents were not proved on the accepted findings, the conclusion that the licence had been transferred could not stand.

Conclusion: The finding of sale or transfer of the CHA licence was not proved, and the order cancelling the licence was unsustainable.

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