TaxTMI 
TaxTMI 
2012 (8) TMI 760
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....ted 11.05.2012. The question of law which arises for consideration in this case is whether order of suspension of the appellant's CHA license is contrary to the regulations 20 (2) of the Customs House Agents Licensing Regulations, 2004 ('CHALR' for short). 2. Briefly the appellant Schankar Clearing & Forwarding a CHA license in terms of the Customs House Agents Licensing Regulations, 2004 was issued an order dated 10.10.2011 by the Commissioner of Customs suspending its license with immediate effect. The impugned order of the CESTAT would disclose that the Commissioner had based his order on a report dated 09.03.2011 about alleged malpractices adopted by the appellant. The suspension order of 10.10.2011 was also accompanied by a notice; ....
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....judice would ensue. 4. It is evident from the above discussion that the suspension order in this case dated 10.10.2011 was in effect passed in terms of Regulation 20 (2) of CHALR. It was not preceded by any show-cause or notice calling for the appellant's remarks or response to the allegations. Regulations 20, 21 & 22 to the extent they are relevant for our purpose are extracted below: - "REGULATION 20. Suspension or revocation of licence. - (1) The Commissioner of Customs may, subject to the provisions of regulation 22, revoke the licence of a Customs House Agent and order for forfeiture of part or whole of security, or only order forfeiture of part or whole of security, on any of the following grounds, namely: - (a) failure of th....
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....ort, stating the grounds on which it is proposed to suspend or revoke the licence and requiring the said Customs House Agent to submit within thirty days, to the Deputy Commissioner of Customs or Assistant Commissioner of Customs nominated by him, a written statement of defense and also to specify in the said statement whether the Customs House Agent desires to be heard in person by the said Deputy Commissioner of Customs or Assistant Commissioner of Customs. Provided that the procedure prescribed in regulation 22 shall not apply in respect of the provisions contained in sub-regulation (2) to regulation 20. (2) The Commissioner of Customs may, on receipt of the written statement from the Customs House Agent, or where no such statement....
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....tant Commissioner of Customs, and shall require the Customs House Agent to submit, within the specified period not being less than thirty days, any representation that he may wish to make against the findings of the Deputy Commissioner of Customs or Assistant Commissioner of Customs. (7) The Commissioner of Customs shall, after considering the report of the inquiry and the representation thereon, if any, made by the Customs House Agent, pass such orders as he deems fit within ninety days from the date of submission of the report by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, under sub-regulation (5). (8) Any Customs House Agent aggrieved by any decision or order passed under regulation 20 or sub-regulation....