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Issues: Whether the rejection of the application for Customs House Agent licence, made without personal hearing and based on extraneous considerations, could stand and whether the matter required remand for fresh decision.
Analysis: The application for fresh licence was required to be considered in accordance with the earlier remand directions and the governing licensing regulations. The impugned decision was found to have been taken without affording a reasonable opportunity of hearing and by relying on matters not germane to the pending application, namely allegations relating to an earlier deed and a tax evasion case. Such approach was held to be in disregard of the earlier directions and contrary to the scheme of Regulation 16 of the Custom House Agents Licensing Regulations, 1984.
Conclusion: The rejection could not be sustained and the matter was rightly sent back to the Commissioner for fresh consideration after giving the appellant a reasonable opportunity of hearing.
Final Conclusion: The appeal succeeded to the extent that the impugned rejection was set aside and the application was directed to be reconsidered afresh.
Ratio Decidendi: A licensing decision must be based on relevant considerations and must comply with natural justice, including a reasonable opportunity of hearing; if it is taken in disregard of binding remand directions and on extraneous grounds, it is liable to be set aside and remanded for fresh decision.
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