KUNAL TRAVELS (CARGO) Vs. COMMISSIONER OF CUS. (IMPORT)

JUDGEMENT

(1.) The application seeks early hearing of the appeal filed against the Order passed by the Commissioner whereunder the Customs House Agent licence of the applicant was suspended. Upon hearing both sides, we allow the application and proceed to dispose of the appeal at the request of the Counsel.

(2.) The impugned order of suspension has followed the alleged involvement of the applicant in certain customs fraud relating to drawback claim. We find that in the impugned order the Commissioner has discussed in detail the involvement of the agent in filing shipping bills with inflated export value of consignment of rags after declaring the contents as 'High Fashion Ladies Dress'. Prima facie, it is clear from the order that the appellant was not merely processing the papers of the exporter as an agent, but was involved in getting the false declaration accepted. The Commissioner has come to the conclusion that there was nexus between the appellant agent and the exporter and that continuance of his Customs House Agency is not in the public interest.

(3.) It is to be noted that Sub -regulation (2) of Regulation 20 of Customs House Agents Licensing Regulations, 2004 permits of suspension of Agent's licence in "appropriate cases" where "immediate action is necessary". This also covers cases where an enquiry is contemplated. In the present case, it is to be noted that already a show cause notices has been issued, including the present appellant in relation to the case of false drawback claim running into huge amounts. The appellant's involvement in the case is brought out in the order of the Commissioner. We also see that the applicant had appeared before the Commissioner on 11 -11 -2004 and 7 -2 -2005. It is seen from summary of the hearing note that the appellant had only requested for consideration of the written submission already filed.