2008 (2) TMI 727

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....t. Shri M.K.A.K. Mohideen, JDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - This appeal is by a Customs House Agent [CHA] whose licence was suspended by the Commissioner of Customs (Imports) under Regulation 20(2) of the Customs House Agents Licensing Regulations, 2004. After examining the records and hearing both sides, we note that the incident which has given rise to t....

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.... calcite powder. The statement of M/s. K.S. Kannan & Coo. was taken on 20-1-2007. Their licence was suspended by the Commissioner by the impugned order dated 17-10-2007. 2. It is submitted by the counsel for the appellants that the suspension of CHA licence without enquiry or show-cause notice after more than nine months from the date of the relevant incident cannot be sustained in law. In....

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....submitted that the export consignment was handled by M/s. K.S. Kannan & Co. and not by M/s. K.S. Kannan & Coo. and, therefore, the appellants cannot be proceeded against on the basis of the incident in question. We have heard learned JDR also, who has reiterated the findings and observations of the Commissioner. 3. Judicial authorities placed before us are unanimous on the point that immed....

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....only where an enquiry against the CHA was pending or contemplated. In the present case, no enquiry was pending when the impugned order was passed inasmuch as no show-cause notice had been issued against them. The circumstances did not even indicate that any enquiry was contemplated against the CHA. The long gap of nine months between the relevant incident and the suspension of licence is per se in....