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2016 (1) TMI 878 - CESTAT MUMBAI

2016 (1) TMI 878 - CESTAT MUMBAI - TMI - Renewal of nonest Custom House Agent License - CHALR 2004 - Held that:- In the present case the appellant had failed to appoint a Regulation 8/9 qualified employee before the expiry of the license. As the license had already expired it did not remain an issue of being non operative, it was a matter of license becoming nonest as held by the Commissioner. Therefore we do not find any fault in the order of the Commissioner. - Decided against the appellant. - .....

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tion 8 qualified employee, based on which the Custom Brokering (CB) License was operational, resigned on 6.6.2012. As the company could not employ another Regulation 8/9 qualified person for some time,the Commissioner made the license inoperative on 22.1.2013. As the CB license expired on 31.12.2013 and the company could appoint another qualified Regulation 9 person and informed the Customs on 4.3.2014 only, the Commissioner vide impugned order dt. 24.7.2014 rejected the request of the appellant .....

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d not retired and renewal of license under Regulation 15(2) is made only on the death or retirement of a person referred to in Regulation 5(2) ( b ) or 5(2) (c). He submitted that the word retirement includes the word resign . He relied on the case of Commissioner of Customs (General) Mumbai Vs. Gannon Dunkerley & Co. Ltd. 2009 (236) ELT 652 (Bom.) which held that the resignation of only employee i.e. G Card Holder Would not amount to change in constitution of the firm. Further submitted tha .....

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he Mumbai High Court judgment in the case of S.R. Sale & Co. Vs. Commissioner of Customs (General), Mumbai 2013 (295) E.L.T. 653 (Bom.) in which it was held that appeal is not maintainable against an order of prohibition under Regulation 21 and (now Regulation 23) appeal is maintainable to the Tribunal only against suspension or revocation of the license under Regulation 20. 4. We have carefully considered the contentions of both sides. As the AR has questioned the maintainability of the app .....

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Commissioner. This case does not fall under the Regulation 9(2) for renewal of license because the license was no more valid after 31.12.2013. If the renewal of a license could be made a matter of appeal before the Tribunal then even the grant of license which is a administrative function could well become a matter against which appeal would lie to the Tribunal. Extending this reasoning further, even the conduct of examinations for grant of a CHA License could then be a subject matter of appeal .....

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tions, award of licences, obligations of CHAs and disciplinary control are governed by the regulations. Section 146(2) contemplates that the Regulations are intended to fulfill the purpose of carrying out of the provisions of the section. That the Regulations may also govern the remedies which are available to a CHA against an order passed in the disciplinary jurisdiction is made abundantly clear by clause (f) of Section 146(2). Section 146(2)(f) clarifies by way of illustration that the Regulat .....

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he two statutory provisions. Similarly there is no repugnancy between the provisions of Regulation 22(8) and Section 129A. Section 146 operates in a field different from Section 129A. Section 146 governs the licensing of CHAs and contemplates the making of regulations governing all aspects of the licensing of CHAs including disciplinary control. Remedies against orders passed in the disciplinary jurisdiction are to be provided in the regulations. The Regulations constitute a self-contained code .....

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er, the suspension of a licence pending enquiry since such an order prohibits a CHA from operating in one or more sections of a customs station. The wisdom of the delegate of the legislature in not providing an appeal in such a case does not fall for re-evaluation by the Court. It is trite law that there is no inherent right of appeal. An appeal is a creation of a statute or, as in the present case, the creation of a statutory provision (Section 146) read together with the regulations. A CHA is, .....

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