2012 (9) TMI 247

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....(CHALR). While passing the said order dated 13-9-2010, the Commissioner has allowed the appellants to process all the documents already filed prior to the order. The learned counsel request for stay of the order on the following grounds :- (i)    The order of prohibition was passed in 2010 though the related case is of December 2005. Hence the action taken is not proximate to the event that has given rise to the same. (ii)   The order has been passed without giving a hearing to the appellants. (iii)  In the show-cause notice which has been issued to the exporters, the appellant-CHA is not a noticee and hence by inference he has no involvement in the offence. (iv)   The blank shipping bills....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....also mentions that subsequent to the order of prohibition issued by the Commissioner of Customs, Chennai, the Commissioner of Customs, Tuticorin, who has issued the CHA licence in this case, has suspended the licence and he has given a post-decisional hearing as required under the CHALR. 4. The learned SDR also cites the decision of the Hon'ble High Court of Andhra Pradesh in the case of Commissioner of Customs and Central Excise, Hyderabad v. M/s. H.B. Cargo Services - 2011-TIOL-198-HC-AP = 2011 (268) E.L.T. 448 (A.P.), where it has been held that signing blank shipping bills amounts negligence on the part of the CHA and doing so for a consideration of Rs. 150/- per shipping bill is an act of corruption. The Hon'ble High Court has ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Commissioner of Customs, Tuticorin has already suspended the impugned CHA licence earlier granted to the appellants and the learned counsel himself confirms that the Commissioner of Customs, Tuticorin has extended a post-decisional hearing to the appellants. In the fitness of things, it is the licence issuing authority namely, the Commissioner of Customs, Tuticorin, who has to take appropriate action for continuance/revocation of suspension and subsequent inquiry, if necessary, along with further action for revocation/cancellation of the CHA licence. At this stage, it is premature for the Tribunal to interfere with the order of prohibition issued by the Commissioner of Customs, Chennai for which, as we have noted above, there is enough just....