2013 (1) TMI 126

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....P.G. Chacko: This application filed by the appellant, a Customs House Agent (CHA), seeks stay of operation of the impugned order. On a perusal of the records, we find that this case has a chequered history. The appellant held CHA Licence No.1/2005 issued by the Commissioner of Customs, Visakhapatnam. On the strength of this licence, they obtained permission from the Commissioners of Customs, Ch....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ents Licensing Regulations, 2004, the Addendum dt. 12/09/2011 purported to add further grounds to support the suspension. This addendum also stated that inquiry was contemplated against the CHA under Regulation 22 ibid. subsequently, in keeping with the principles of natural justice, the Commissioner of Customs held post-decisional hearing on 19/09/2011 and passed the impugned order for continuanc....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d, if so, when. We also wanted to be informed of the status of the proceedings, if any. A report on this matter has been made available today by the Additional Commissioner (AR). These are the circumstances in which the present stay application remained pending till date. 3. As per the Hon'ble High Court's order dt. 22/06/2012 in Writ Petition No.768 of 2011 [K.C.P.J. International Agency & Anr....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....without expressing any view on the merits of the case. What is material to the present purpose is the report that the Commissioner of Customs, Visakhapatnam received from the DRI on the CHA's alleged involvement in certain export cases on 17/05/2012. As per this report, the Commissioner has some more time left for action under Regulation 22. The learned Additional Commissioner (AR) has expressed t....