Trinity Shipping and Allied Vs. Collector of Customs

Trinity Shipping and Allied vs Collector of Customs

Type Court Judgment Court Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai Decided Oct 13, 1993

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Citation: sooperkanoon.com/7079
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Judge: J T R., P Desai
Decided On: Oct 13, 1993
Subject: Sales Tax

Case Summary

AI-generated summary - not the official court judgment text.

Sales Tax

Key legal issue: Sales Tax

Parties & Advocates

Appellant / Petitioner

Trinity Shipping and Allied

Respondent

Collector of Customs

Legal References

Reported In: (1994)(50)LC319Tri(Mum.)bai

Excerpt

.....necessity to suspend the c.h.a.'s licence. in this context he invites our attention to our order passed by this bench in the identical situation, in the case of eagle shipping (india) services v.collector of customs, bombay 3. after perusing of the order and after hearing both sides, we agree that the order passed by the collector is identical to the one considered by us in the aforesaid citation. hence it would be desirable to follow the same approach by reproducing our observations in the aforesaid case. we find that under the regulation 21(2) of the custom house agents licensing regulations, the collector may, in appropriate cases, where immediate action is necessary, suspend the licence of the custom house agent, where an inquiry against such agent is pending or contemplated. hence we are satisfied that the collector has got the powers to suspend the licence, where immediate action is called for and the violation committed by the custom house agent is of a serious nature calling for an inquiry against him. we also agree that strict compliance with the principles of natural justice are not called for in passing this suspension order and party need not be heard at that stage. all the same, the basic requirement of regulation 21(2) namely the necessity for immediate action and the nature of seriousness of the violation, for which inquiry is contemplated should be indicated in the suspension order, so as to make it self-contained and revealing, for any judicial scrutiny, so as to satisfy that the collector has applied his mind to these provisions. holding this view of the matter, we set aside the order, but give the liberty to the collector to pass a speaking order in conformity with regulation 21(2) of the custom house agents licensing regulations.4. accordingly, we set aside the order of suspension giving the liberty to the collector to pass appropriate orders in terms of the aforesaid observations.5. both the misc. application and appeal are disposed of in the.....

Full Judgment

1. Both the Misc. application as well as the appeal are against the order of the Collector of Customs, Kandla ordering suspension of the Custom House Agent licence No.CHA/KDL/T/14/91 vide Collector of Customs Order No. S/07-02/T-01/91-7835 dated 18.8.1993.

2. Dr. Kantawala mainly pleads that the order of suspension is defective. It does not indicate any precise reason giving rise for immediate necessity to suspend the C.H.A.'s licence. In this context he invites our attention to our order passed by this Bench in the identical situation, in the case of Eagle Shipping (India) Services v.Collector of Customs, Bombay 3. After perusing of the order and after hearing both sides, we agree that the order passed by the Collector is identical to the one considered by us in the aforesaid citation. Hence it would be desirable to follow the same approach by reproducing our observations in the aforesaid case.

We find that under the Regulation 21(2) of the Custom House Agents Licensing Regulations, the Collector may, in appropriate cases, where immediate action is necessary, suspend the licence of the Custom House Agent, where an inquiry against such agent is pending or contemplated. Hence we are satisfied that the Collector has got the powers to suspend the licence, where immediate action is called for and the violation committed by the Custom House Agent is of a serious nature calling for an inquiry against him. We also agree that strict compliance with the principles of natural justice are not called for in passing this suspension order and party need not be heard at that stage. All the same, the basic requirement of Regulation 21(2) namely the necessity for immediate action and the nature of seriousness of the violation, for which inquiry is contemplated should be indicated in the suspension order, so as to make it self-contained and revealing, for any judicial scrutiny, so as to satisfy that the Collector has applied his mind to these provisions. Holding this view of the matter, we set aside the order, but give the liberty to the Collector to pass a speaking order in conformity with Regulation 21(2) of the Custom House Agents Licensing Regulations.

4. Accordingly, we set aside the order of suspension giving the liberty to the Collector to pass appropriate orders in terms of the aforesaid observations.

5. Both the Misc. application and appeal are disposed of in the above terms. Pronounced in the open court.

Same Court & Year Customs Excise and Service Tax Appellate Tribunal CESTAT Mumb... Same Parties Trinity Shipping and Allied vs Collector of Customs Same Subject Sales Tax Same Judge J T R., P Desai