2021 (11) TMI 696

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....e security deposit, while permitting the continued operation of the license with fresh deposit as applicable, under regulation no. 20 of Customs House Agents Licensing Regulations, 1984, it is the contention of Learned Counsel that the proceedings were conducted behind the back of the licensee, that there are no findings recorded by the inquiry authority, that the penalty is disproportionate to the gravity of offence, if any, and that any breach on the part of the licensee could, at best, be considered to be procedural. 2. Learned Authorised Representative submits that the licensing authority has not only rendered findings at length but has also taken into account the nature of the lapse ....

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....pra was adjudicated on 21st November 2011 dropping the proceedings with cautionary advice for the future and Commissioner of Customs, Delhi, vide order dated 29th November 2011, revoked the order of prohibition. Notwithstanding these facts being brought to the notice of the Inquiry Authority, the proceedings on the four charges of breach of regulation no. 13 (d), (e), (f) and (n) of Customs House Agents Licensing Regulations, 2004 was continued with. The Presenting Officer, in his report dated 7th July 2012 and on the basis of purported admission by the licensee, proposed that proceedings be concluded with all the charges held as proved. From the records, it is seen that communication, ....

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....uiry authority even after the change of office. It is indeed moot if the designated official, intended by regulation no. 22 of Customs House Agents Licensing Regulations, 2004, can be any other than a Deputy Commissioner of Customs or Assistant Commissioner of Customs. Without examining the legality of continuance of proceedings after the nominated official ceased to be Deputy/Assistant Commissioner of Customs, the absence of any record evincing that licensee had been placed on notice about acquiescence of the Commissioner of Customs with the re-designated official carrying out the entrusted task may well have been the reason for non-acceptance of communication emanating from an address that....