2012 (11) TMI 920

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....ily on the ground that the authority the commissioner of customs to suspend the license is only in a case where immediate action is necessary and an enquiry is pending or contemplated.   3. It is contended that 15 days time stipulated under this rule is to be counted from the date of enquiry and not from the date of notice or receipt of report. It is also the contention of the learned counsel for the petitioner that the order of suspension is without jurisdiction, as it does not fall under Regulation 20(2) of the Act, as it cannot be said that immediate action was called for.   4. In support of this contention, the learned counsel for the petitioner placed reliance on the judgment of this Court in East west Freight Carriers(P) L....

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.... the licence and requiring the said customs House Agent to submit, within such time as may be specified in the notice, not being less than forty five 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 Deputy Commissioner of Customs or Assistant Commissioner of Customs.   2. The Commissioner of Customs may, on receipt of the written statement from the Customs House Agent, or where no such statement has been received within the time limit specified in the notice referred to in sub-regulation (1), direct the Deputy Commissioner of Customs or Assistant Commissioner of Customs to inquire into the grounds which are not admitted by ....

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....all, after considering the receipt of the inquiry and the representation thereon, if any, made by the Customs House Agent, pass such orders as he deems fit.   (8) Any Customs House Agent aggrieved by any decision or order passed under regulation 20 or sub-regulation (7) of the regulation 22, may prefer an appeal under Section 129A of the Act to the Customs, Central Excise and Service Tax Appellate Tribunal established under Sub-Section (1) of Section 129 of the Act.   9. The learned counsel for the respondent in support of this placed reliance on the judgment of this Court in the case of M/s. Cargomar .vs. The Commissioner of Central Excise and others made W.P.Nos. 5663 and 7126 of 2006 and W.P.M.P. Nos. 6141 and 7790 of 2006, l....