2006 (5) TMI 287

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....batore Commissioner's order ibid. 2. After examining the records and hearing both sides, we find that the appellants were holding a licence issued by the Commissioner of Customs, Coimbatore for working as Customs House Agent (CHA). This licence was due to expire on 7-1-2006. Therefore, on 17-12-2005, the CHA submitted an application for renewal of the licence. Learned Commissioner of Customs, Coimbatore, by order dated 8-2-2006, informed the CHA that he was keeping their application pending until completion of investigations into certain exports of the year 2003, in respect of which the appellants had functioned as CHA. The operative part of the Commissioner's order reads as under :- "In view of the investigations being carried o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ncluding non-compliance of any of the obligations specified in regulation 13. (3)  The fee for renewal of a licence sub-regulation (2) shall be Rs. 5,000/-" An application for renewal of licence can be rejected, if the CHA has not performed satisfactorily with reference to quantity or value of cargo cleared by them. Learned Commissioner of Customs, Coimbatore has not found unsatisfactory performance on the part of the appellants with reference to the quantity or value of the cargo handled by them. Another reason for declining renewal of a CHA licence, laid down under the above regulation, is "misconduct including non-compliance of any of the obligations specified in Regulation 13". The impugned order of the Coimbatore Commissione....