2006 (3) TMI 492

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.... was valid up to 15-5-2001. The appellant did not apply for the renewal of the licence before the expiry, instead applied for the renewal on I7th February, 2005. The reason cited for delay in application for renewal was that the proprietor of the appellant had a massive backbone problem due to which he was paralysed. The adjudicating authority after granting a personal hearing came to conclusion that the licence of the appellant cannot be renewed for the reason that they have not fulfilled the conditions for renewal and that appellant has not intimated the department about serious illness of the appellant. Hence this appeal. 3. The learned Advocate appearing the appellant fairly submits, that, the appellant has not intimated the ser....

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....prietor was seriously ill is also admitted by the department, as I find from the order that, the department has made out a grievance of not being kept informed about the serious illness of the proprietor. The explanation given by the appellant's advocate that there was tension in the family due to serious illness, in the circumstances, appears to be a convincing one. To my mind, rejecting an application for the renewal of licence, for not informing the department of illness, would be depriving a person of his livelihood. Hence the delay in filing the application for renewal of C.H.A. licence has to be condoned. 6. The renewal of the C.H.A. Licence is governed by the conditions as laid down in Regulation 12(2) and Public Notice No. 3....

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....ransacted giving particulars about the number of documents, number of the packages, the value of goods and customs duty. From the above it can be seen that if the C.H.A. is able to satisfy any of the conditions in (a), (b) or (c), the licence can be renewed. Further it can be seen that the conditions in (a), (b), or (c) has to be satisfied by a licencee for the purpose of renewal of customs House Agent's licence. The argument of the appellant, that, he was functioning as a C.H.A. under the same name and constitution from Mumbai and if the business conducted at Mumbai is considered, he is satisfying all the conditions, has force. I find that the details produced by the appellants has to be verified by the authorities about the authenticit....