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TMI Blog2012 (6) TMI 54X X X X Extracts X X X X X X X X Extracts X X X X ..... 04 would lie before the Tribunal (b) Whether CHA may avail the remedy against the order of rejection of application for renewal of license under sub-regulation (5) of Regulation (9) of the said Regulation. 2. As per facts on record, the appeal stands filed by the appellants against the order of Commissioner vide which he has rejected the appellants application for renewal of CHA license under Regulation 11(2) of Customs House Agents Licensing Regulations, 2004. The referral Bench has taken note of the Tribunal s decisions in the case of Sri Shipping Services vs. CC, Coimbatore reported in 2006(202)ELT543(Tri.-Chennai) (Final Order) as also in the case of Arun Kumar Sikka vs. CC, New Delhi reported in 2006(201)ELT309(Tri.-Del ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iction cannot be taken away by referring to the regulations wherein no specific provision stand provided for filing the appeal. As such he submits that the Tribunal s decision in the case of Sri Shipping Services as also in the case of Arun Kumar Sikka holding that the appeal against rejection of renewal of CHA license would lie to the Tribunal, should be adopted as the correct declaration of law. 4. Countering the above argument, ld. JCDR appearing for the Revenue submits that no doubt the regulations are sub-serviant to the Customs Act but the provisions of section 129(A) to the Customs Act are required to be examined. He submits that clause-a of the said section provides for filing the appeal against the order passed by the Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... way of renewal as a matter of right. He accordingly prays that decision of the Tribunal in the case of G.P.Jaiswal was correct decision. 5. We have considered the submissions made by both the sides. Ld. Advocate appearing for the appellants fairly agrees that there is no express provision of filing the appeal in respect of rejection of renewal in terms of Regulation 11(2) of the Customs Excise Agent Regulations, 2004. He also agrees that the other provisions of the said Regulations provide for filing of appeal to the Tribunal. It is seen that there is a specific provision for filing of appeal to the Tribunal under Regulation, 23(8) against orders of suspension or rejection of license but there is no such provision in the case of rej ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d non-renewal of licence on different footings was sustainable. As observed above, right of appeal is a creature of statute and there being no provision under which a CHA could file appeal before this Tribunal against order rejecting the renewal application, the appeal cannot be said to be maintainable. 6. At this stage, we find that the issue stands decided by two judgements of Hon ble High Court of Bombay in the case of A.S.Vasan & Sons reported in 2009(238)ELT217(Bom.) and by Hon ble High Court of Kolkata in the case of M.Dutta Agency reported in 1998(101)ELT581(Cal.). The Hon ble High Court in the case of A.S.Vasan & Sons while dealing with an identical issue held as under:- 7. If we read Regulation 9 with Regulation 11 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gency 1998(101)ELT581(Cal.). It was contended before Calcutta High Court that the appeal would lie against the refusal to renew CHA licence. Considering the language of Section 129A(1)(a) of Customs Act, 1962, the learned Judge held that an appeal is provided against the suspension or revocation but not for refusal to renew CHA licence. We are clearly of the opinion that no appeal lis against the order rejecting an application for renewal. In absence of any other remedy it is open to this Court to exercise its extraordinary jurisdiction in case where an application for renewal is rejected. Similarly, the Hon ble High Court of Calcutta in the case of M.Dutta Agency while dealing with the objection raised by the Revenue that since the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal before the Chief Commissioner within a period of 30 days from the communication of such order. As such, it is seen that when a fresh application for issuance of license is filed and the same stands for issuance and the same stands rejected by the Commissioner, there is a specific provision for filing an appeal before the Chief Commissioner of Customs, in terms of clause 5 of Regulation 9. Regulation 11 provides the duration of license so granted under Regulation 9 to be a period of ten years from the date of issue. The CHA license holder is at liberty to file an application before the Commissioner before the expiry of validity period for renewal of the license for a further period of ten years from the date of expiry. The fee for re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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