9911796707
TMI Blog2008 (8) TMI 718X X X X Extracts X X X X X X X X Extracts X X X X ..... er dated 23-7-2007. Both the shipping bills had been filed on behalf of the Andhra Pradesh Forest Development Corporation Ltd., Hyderabad. While filing the bills, the CHA had not mentioned details of export licence or CITES permit. Investigations conducted by the Docks Intelligence Unit (DIU) of the Customs House revealed that the exporter did not furnish the above documents in relation to the consignment covered by the shipping bill dated 23-7-2007. These investigations also led to exposure of like nature of the old export covered by shipping bill dated 17-7-2006. The same CHA had handled that consignment also. Statements were recorded from the CHA by the investigating officers on three occasions in August, 2007. In those statements, the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions, or public notice relating to clearance of cargo or baggage, issued by the Commissioner of Customs," thereby failing to comply with Regulation No. 13(f). These findings are contained in the Commissioner's order dated 19-11-2007, wherein operation of the CHA's licence was suspended under Regulation 20(2) "with immediate effect and until further orders". 2. The appellants are aggrieved by the suspension of their licence. Reiterating their grievance, the learned counsel submits that the licence was suspended without any valid reason. It is submitted that no show-cause notice for suspending or revoking the licence has been issued to the appellants. The Commissioner's order does not contain anything indicating the necessity of immedi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... action against the CHA. As a matter of fact, the licence was suspended after nearly three months from the date of filing of the second shipping bill. This Bench also had occasion to set aside an order of the same Commissioner vide Final Order No. 1370/07 dated 19-11-2007 in Appeal No. C/363/2007 [Ganesh Shipping Agency v. Commissioner of Customs, Chennai, 2008 (222) E.L.T. 536 (Tribunal).] In both the cases, it was held that the licence issued to a CHA could be suspended only in cases where immediate action was necessary and that too where enquiry against the CHA was pending or contemplated. Had it been urgent for the Commissioner with the present case to take action against the CHA, he could have taken appropriate proceedings like issue o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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