9911796707
TMI Blog2013 (4) TMI 625X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner for suspending the appellant's license is that on 16-10-2010, the appellant filed 55 shipping bills in the name of 16 different firms for export of certain goods under claim for drawback. The charge made is that these exports were of inferior quality of goods and the goods were over priced by the exporters for availing ineligible drawback. The basic charge is the appellant filed the shipping bills without verification of the identity of the exporters in whose name the shipping bills were filed. Though the statement was recorded from the appellant on 22-10-2010 itself, no action was taken by the department till July 2011. From October 2010 to July 2011, the Appellant continued to do their activities as a Custom House Agent with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant also took such business without doing strict verification about the identity of the clients. But they submit that they have verified IEC code, PAN Number etc. The impugned incident was just six months after the issue of the said circular. The appellants point out that the Revenue has not been complying with para 7.1 of the same circular prescribing the time frame for taking action against erring Custom House Agent inasmuch as the license of the appellant has been suspended long after the event which happened in October 2010 and notice as per para 7.1 of the circular is not yet issued. They further submit that their license has been suspended for the last eleven months and they have been out of business for this period. Since durin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... He further argues that it is not proper for the Tribunal to interfere with the orders of the Commissioner of Customs in this sort of order as decided by the A.P. High Court in CCE v. H.B. Cargo Services - 2011 (268) E.L.T. 448 (A.P.). 7. We have considered arguments on both the sides. We are of the view that suspension of the license of a person has to be reviewed from time to time depending on the gravity of the Act committed by the CHA, the extent of this involvement, the time that has lapsed from the date of event to the date of review of the suspension etc. There is no evidence of such review done by Commissioner and notice as envisaged in para-7 of the Circular is not issued. So we consider it proper to consider the appeal. In th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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