CONTINENTAL CARGO SERVICES Vs. COMMR. OF CUS.

JUDGEMENT

(1.) THIS application for stay of the operation of the impugned order of the Commissioner of Customs dated 20 -11 -1998 was taken up at short notice, in pursuance of the directions made by the Delhi High Court in disposing of C.W.P. No. 6097/98, dated 1 -12 -1998.

(2.) VIDE the impugned order, the Commissioner suspended the licence given to Shri Bhupinder Singh in his capacity as Custom House Agent, using the power vested in her under Regulation 21(2) of the Customs House Agents Licensing Regulations, 1984.

(3.) SHRI R.K. Anand, Senior Advocate appearing with Shri Sawhney, Advocate referred to the Calcutta High Court judgment reported in 1998 (104) E.L.T. 11 (Cal.) in the case of N.C. Singha and Sons v. Union of India. He stated that in identitical circumstances the High Court had not found favour with such suspension. He stated that the necessity for immediate action was not substantiated. The sequence was that the shipping bills were filed on 7 -9 -1998, the statement of the CHA was recorded on 21 -9 -1998 and the alleged over -valuation was detected on 28 -9 -1998. The impugned order was dated 20 -11 -1998. This action was taken two months after the alleged over -valuation could not be termed to be "immediate action." He further submitted that the order in listing the circumstances leading thereto does not establish connivance on part of the CHA with the exporter. Shri S.K. Saran submitted that an application for stay was provided under the Customs Act only in terms of Section 129E. This section speaks of, disposing, pending appeal, deposit of the duty, interest or penalty demanded or levied. Where such demand was not made such applications could not lie.