COMMISSIONER OF CUS. (SEA PORT IMPORT) Vs. CESTAT

JUDGEMENT

(1.) THE Revenue has come up with the above appeal under Section 130 of the Customs Act, 1962, questioning the correctness of an order passed by the CESTAT setting aside the order of suspension of Customs House Agent Licence. Heard Mr. K. Mohanamurali, learned Senior Panel Counsel for the petitioner and Mr. P. Saravanan, learned counsel for the second respondent.

(2.) THE respondent is operating with CHA licence issued under the provisions of the Customs House Agents Licence Regulations 2004 framed under Section 146 of the Customs Act, 1962. On the ground that an offence report in terms of Section 13 of the Regulations dated 16 -10 -2012 was received on 18 -10 -2012, the Commissioner of Customs passed an order on 30 -10 -2012 suspending the CHA licence of the respondent with immediate effect. For the purpose of granting opportunity of personal hearing, the Commissioner fixed the date as 8 -11 -2012. It was, later, adjourned to 11 -12 -2012.

(3.) BOTH the grounds of challenge were upheld by the learned Judge, by an order dated 14 -3 -2014 and the order of appointment of the enquiry officer was set aside by the learned Judge.