TMI Blog2006 (12) TMI 294X X X X Extracts X X X X X X X X Extracts X X X X ..... ey were holding only the license from Chennai Commissioner. On 19-1-2004, they submitted, in Form-C, to the Commissioner of Customs, Tuticorin what was titled Application form for grant of Customs House Agents Licence . In February 2005, they received a letter dated 11-2-2005 of an Assistant Commissioner in the Office of the Commissioner of Customs, Tuticorin. This letter reads as under:- To M/s. Indev Shipping Services Pvt. Ltd. No.31, Kerecope Street, Tuticorin-628 001. Sir, Sub: Customs - CHAL - Indev Shipping Services (Pvt) Ltd - Intimation in Form-C to operate at Tuticorin under Regulation 9(2) of CHALR-2004 - Reg. Please refer to your letter dated 19-7-2004 along with Form-C application on the above subject. 2. M/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellants to operate their business as CHA at Tuticorin after giving intimation, to the Commissioner, of the fact that they were already holding valid license issued by the Commissioner of Customs, Chennai. It is argued that the denial of permission to the appellants is beyond the scope of the Commissioner s function under Regulation 9(2) ibid. Ld. SDR opposes this plea and submits that it appears from Regulation 9(2) that it was open to the Commissioner of Customs, Tuticorin to examine all material particulars relevant to grant of regular license, while considering an application in Form C presented under the said Regulation. In this view of the matter, according to ld. SDR, the decision taken by the Commissioner cannot be faulted. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rate license to transact business in any other Customs Station in the country. In other words, he is not liable to make an application for grant of license for such other Customs Station. Hence Form-C, prescribed for the purpose of intimation under sub-regulation 2 of Regulation 9 shall not be treated as an application for license. It shall be treated as an intimation of the intention of the CHA to transact business in the Customs Station under the control of the Commissioner of Customs to whom such intimation is given. It is however open to the Commissioner of Customs to verify the particulars furnished by the CHA in Form-C. If the Commissioner is satisfied that the party is holder of a valid CHA Licence from another Commissioner of Custom ..... X X X X Extracts X X X X X X X X Extracts X X X X
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