2008 (8) TMI 718 - AT - Customs

Summary

Issues involved: Appeal against suspension of Customs House Agent (CHA) license under Regulation 20(2) of the Customs House Licensing Regulations, 2004.

Summary:
1. The appeal was filed by a CHA against the suspension of their license due to handling a case of export of Red Sanders logs without mentioning necessary details. Investigations revealed non-compliance with export regulations, leading to seizure of goods and suspension of the CHA's license by the Commissioner.

2. The appellants contested the suspension, arguing that it was done without valid reason or proper procedure. They highlighted the lack of a show-cause notice and absence of pending inquiries against them, questioning the necessity of immediate action.

3. The Tribunal found the suspension order to be unjustified, citing legal precedents that specify license suspension is warranted only when immediate action is necessary and when an inquiry is pending or contemplated. As no such circumstances existed in this case, the Commissioner's order was deemed flawed and set aside.

4. Consequently, the impugned order was overturned, allowing the Commissioner to proceed against the CHA if valid grounds for action exist under the CHALR, 2004.