Home Case Index All Cases Customs Customs + HC Customs - 2015 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (12) TMI 1146 - HC - CustomsSuspension of CHA licence - Rule of consistency - violations of various conditions by the CHA - Held that:- In the affidavit in reply it has been asserted that a look at the charges against “S.P. Pawar & Sons” would show that similar are the violations alleged to have been committed by the present respondents. Hence, a different treatment is not warranted. We are of the opinion that the case of “S.P. Pawar & Sons" and the present appellant is more or less identical. Though a larger issue of discrimination in the matter of punishment need not be gone into, what we find is that the consistent view of the Tribunal in such cases and in similar circumstances was not found to be perverse or vitiated by any serious error of law apparent on the face of the record. it is for the Authorities issuing the licence to inquire into the allegations of violations thereof and equally into the lapses committed during the operation of the licence. However, they have certain amount of discretion in matters of this nature and equally while imposing penalty. That should not be lightly interfered with. However, that does not mean that once the orders of the Authorities like Commissioner are capable of being challenged in further appeal, then, the Appellate Tribunal's powers are in any way restricted or circumscribed. In order to render substantial justice and if the Tribunal feels that there is a certain period which has gone by during which the agent has been out of business, then, that is sufficient penalty but such a view cannot be taken in all cases and as a matter of rule. However, that having been taken in this case consistent with the material produced and seriousness of the charges, that we are of the view that substantial question of law cannot be answered in favour of the Revenue - Tribunal's order in the present case shall be construed as substitution of the penalty imposed, namely of permanent revocation of Respondent's CHA Licence with partial revocation from 20th December, 2007 till 3rd March,2011 and forfeiture of entire security deposit - Decided in favour of appellant.
|