2001 (10) TMI 93

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.... we feel that, in view of the limited nature of the controversy, it would be desirable to dispose of the application at the admission stage after hearing learned Counsel for the parties. 2. We have heard learned counsel for the parties. 3. The present petition involves a very interesting question as to whether the authorities under the Customs House Agents Licensing Regulations, 1984 (in sho....

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.... the Regulations of any leniency of sufficient grounds being shown in the Regulation. The order in this regard was challenged before the Customs, Excise and Gold (Control) Appellate Tribunal (in short 'Tribunal'), which upheld the views of the Licensing Authority. 3. Learned Counsel for the petitioner submitted that Regulation 12(2) is permissive in nature. It is not impermissible for the conce....

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....st renewal of such licence, as the case may be, if the performance of the licensee is found to be satisfactory with reference, inter alia, to the following : (a) quantity or value of cargo cleared by such licensee conforming to norms as may be prescribed by the Commissioner. (b) absence of instances of delay either in the clearance of goods or in the payment of duty for any reason attributab....

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....he authorities that the explanation offered by the petitioner was vague or fanciful. On the contrary they have found it to be acceptable. In these circumstances, we feel that the Tribunal was not justified in its view that there was no scope for even condoning the deficiency, if any, in meeting the requirements as stipulated in the public notice. The Regulations are in the nature of guide-lines wh....