SRI KRISHNA LOGISTICS Vs. CCE

JUDGEMENT

(1.) THE appellants are a partnership firm holding CHA Licence No. 11/1134 dt 3.12.99 issued by the Commissioner of Customs, Mumbai. This licence as originally issued was valid upto 31.12.2003 and was renewed from time to time. It is presently valid upto 26.7.2014. Unless revoked or cancelled, this licence enables the appellants to transact business as Customs House Agent at Mumbai Customs House.

(2.) THE Commissioner of Customs, Coimbatore had also issued a regular licence to the appellants on 6.8.2004 for a period upto 26.7.2004, which was renewed for a further period upto 26.7.2014.

(3.) AFTER noticing that two employees of the appellants holding Customs passes (No. S -3528 and No. G -1835) had collected illegal gratification in the name of Customs staff of the Customs House, Nhavasheva (Mumbai) in connection with assessment and clearance of cargo handled by them, the Commissioner of Customs, Mumbai suspended the appellants' licence No. 11/1134 under Regulation 20(2) of the Customs House Agents Licencing Regulations (CHALR, for short) 2004. This suspension of licence was in contemplation of inquiry against the CHA. In view of this suspension of licence by the Commissioner of Customs, Mumbai, the Commissioner of Customs, Coimbatore suspended CHA Licence No. 8/2004 as per order dated 13.10.2006 issued under Regulation 20(2) of the CHALR 2004. This action of the Commissioner at Coimbatore was based on the premise that suspension of a CHA licence issued by one Commissioner of Customs was permissible on the basis of investigative facts pertaining to the CHA's activities within the jurisdiction of another Commissionerate of Customs. Ld. Commissioner at Coimbatore also claimed support from the Tribunal's decision in Sindhu Cargo Services Ltd. v. Commissioner of Customs, Coimbatore 2006 (196) ELT 51 (Tri -Chennai). After hearing the affected party, ld. Commissioner confirmed the order of suspension for a period of 6 months w.e.f. 13.10.96 pending contemplated enquiry against the appellants with reference to their serious misconduct at Mumbai Customs Zone. This order of confirmation of suspension of the CHA licence at Coimbatore is under challenge in the present appeal.