TMI Blog2001 (10) TMI 93X X X X Extracts X X X X X X X X Extracts X X X X ..... troversy, it would be desirable to dispose of the application at the admission stage after hearing learned Counsel for the parties. 2. We have heard learned counsel for the parties. 3. The present petition involves a very interesting question as to whether the authorities under the Customs House Agents Licensing Regulations, 1984 (in short the 'Regulations') have any discretion to take a liber ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g shown in the Regulation. The order in this regard was challenged before the Customs, Excise and Gold (Control) Appellate Tribunal (in short 'Tribunal'), which upheld the views of the Licensing Authority. 3. Learned Counsel for the petitioner submitted that Regulation 12(2) is permissive in nature. It is not impermissible for the concerned authority to renew the licence even though there was un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce of the licensee is found to be satisfactory with reference, inter alia, to the following : (a) quantity or value of cargo cleared by such licensee conforming to norms as may be prescribed by the Commissioner. (b) absence of instances of delay either in the clearance of goods or in the payment of duty for any reason attributable to such licensee and any complaints of misconduct including no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ague or fanciful. On the contrary they have found it to be acceptable. In these circumstances, we feel that the Tribunal was not justified in its view that there was no scope for even condoning the deficiency, if any, in meeting the requirements as stipulated in the public notice. The Regulations are in the nature of guide-lines which have to be tested in the background of what has been stated by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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