2008 (10) TMI 526

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....sing Regulation 2004 (in short "the said Regulation"). He submits that Regulation 9 provides grant of licence. Sub-Regulation (5) of Regulation 9 provides to make representation before the Chief Commissioner of Customs or the Chief Commissioner of Customs & Central Excise, as the case may be, against rejection of the application under sub-regulation (3) of Regulation 9. He further submits that Regulation 11 provides period of validity of a licence. He submits that rejection of the renewal of the licence under Regulation 11 is on the same footing of Regulation 9 and, therefore, appeal against rejection of renewal of licence can not lie before the Tribunal. He relied upon the decision of the Tribunal in the case of G.P. Jaiswal v. Commissione....

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....se may be, within a period of thirty days from the communication of such order. Regulation 11 provides validity of licence for a period of ten years from the date of issue and shall be renewed in accordance with the procedure prescribed in sub-regulation (2). Regulation 20 provides suspension or revocation of licence. Regulation 22 prescribed procedure for suspending or revoking licence under Regulation 20. Sub-Regulation (8) of Regulation 22 provides any CHA aggrieved by an decision or order passed under Regulation 20 or sub-regulation (7) of Regulation 22 may prefer an appeal under Section 129A of Customs Act, 1962 to the Tribunal. 4. The Tribunal in the case of G.P. Jaiswal (supra), while dealing with the application under Rule 4....

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....on of application for licence. The period of licence having been fixed under Regulation 12, on expiry of the period, the licence lapses and though it can be renewed under Regulation 12(2), such renewal will be in the nature of fresh licence. The only difference is that the considerations for grant of fresh licence under Regulation 10 and its renewal under Regulation 12(2) are different. In the case of renewal, the consideration is limited to the factors specified in Regulation 12 as against the factors specified in Regulation 10(1) for grant of fresh licence. 11. The fact that there is specific provision for appeal before the Tribunal against order of suspension or revocation of licence, under Regulation 23(8) which shows that where....

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....case, ld. SDR contended before the Tribunal that the Commissioner's order keeping the renewal application pending is only an administrative order and, therefore, the appeal is not maintainable, which was rejected by the Tribunal. The relevant portion of the decision of Sri Shipping Services (supra) - 2006 (202) E.L.T. 537 is reproduced below :- "3. After considering the submissions, we find that the Commissioner's order saying that the CHA's application for renewal of licence would be kept pending until completion of investigations is prejudicial to their right to do business as a CHA. Moreover, the order contains insinuation such a irregularities and misconduct against the CHA on the basis of facts found from investigations which are no....