TMI Blog2013 (10) TMI 1054X X X X Extracts X X X X X X X X Extracts X X X X ..... uspension order on 10.10.2011. The net result is that where immediate suspension is called for, the Commissioner has to take swift action and cannot wait and if he does so suspension can be made only after the full inquiry is held as provided by Regulation 22. In this case the final report of the inquiry was made on 07.05.2012 and the appellant was issued with a show-cause notice on 05.06.2012 - the suspension order impugned in this case cannot be sustained and the authorities are, however, at liberty to proceed with the inquiry and pass any order in accordance with law - Following decision of Schankar Clearing & Forwarding v. C.C. (Import & General) [2012 (8) TMI 760 - DELHI HIGH COURT] - suspension set aside and quashed. - W.P. No. 9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... item liable to anti-dumping duty, were found concealed behind 120 rolls of coaxial cable. 5. The declared importer Nityananda Dey of M/s. Zen Electronics and M/s. P.K. Ghosh and Sons, had acted as CHA. A similar consignment of goods, declared as coaxial cable, was imported previously in the name of Nityananda Dey vide Bill of Entry No. 6710287, dated 2nd May, 2012. In that case, M/s. S. Guha Sarkar and Company had acted as CHA. 6. It appears that the statements of various persons including the representative of the importer and representatives of various Customs House Agent, were obtained. 7. It appears from the impugned show cause notice that Sri Amar Chandra Roy, representative of M/s. S. Guha Sarkar and Company tendered his stateme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that as it may, Regulation 20(2) of 2004 CHALR inter alia provides as follows : Notwithstanding anything contained in sub-regulation (1), the Commissioner of Customs may, in appropriate cases where immediate action is necessary, within 15 days from the date of receipt of a report from investigating authority, suspend the licence of a Customs House Agent where an enquiry against such agent is pending or contemplated. 10. In the instant case the impugned notice has been issued on August 21, 2012. On the face of the impugned notice intimation was received by the concerned Commissioner of Customs vide a letter No. DRI. F.No. 97/Kol/APP/2012/2839, dated July 23, 2012. In the records pertaining to the case produced by Mr. Bharadwaj appeari ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustoms to order immediate suspension of the CHA license. A close reading of these provisions would disclose that the power to direct immediate action is confined to taking it within 15 days from the date of receipt of a report from the investigating authority. In this case the report of the investigating agency was received on 9-3-2011 - a fact which is borne out in the order of the Tribunal and contentions of the parties before us. Concededly the Commissioner did not seek recourse to the power under Regulation 20(2). The immediacy or urgency of the situation was allowed to lapse and eventually the Commissioner issued the suspension order on 10-10-2011; even then, the power invoked was Regulation 20(1). This was later modified through a cor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p a post-decisional hearing within 15 days from the date of issuance of order of suspension would be adhered to. If the concerned authorities took 14 days to get an order finally typed out and signed, it cannot be said that there was such immediate urgency for suspension as to dispense with the requirement of Regulation 22. The impugned order of suspension which is on its face dated August 21, 2012 and which on its face had been issued almost one month after date of intimation from the investigating agency cannot be sustained and the same is set aside and quashed. 15. It is well settled that pre-decisional hearing is the rule and post-decisional hearing is an exception to which recourse can be taken only in cases of exceptional urgency. W ..... X X X X Extracts X X X X X X X X Extracts X X X X
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