Customs, Excise and Gold Tribunal - Mumbai
N.G. Bhanushali & Company vs Commissioner Of Customs, Kandla on 5 October, 2001
JUDGMENT Jyoti Balasundaram, Member (J)
1. After allowing the application for early hearing, we take up the appeal itself for disposal since we find, after hearing both sides, that the issue in dispute is fully covered by the decision of the Larger Bench of the Tribunal in the case of Freightwings and Travels Ltd. v. CC, Mumbai [2001 (129) E.L.T. 226(Tri-LB).
2. The Commissioner of Customs, in exercise of powers conferred under sub-regulation (2) of Regulation 21 of Custom House Agents Licencing Regulation, 1984, passed an order of suspension of the CHA licence with immediate effect, vide order dated 11.12.2000, against which the present appeal has been preferred.
3. We find that it has been held by the Larger Bench that such an order passed without hearing the Custom House Agents does not pass the test of rule of natural justice laid down by the Apex Court in the case of Maneka Gandhi v. UOI [1978(1) S.C.C. 248(S.C.) The Tribunal has directed the Commissioner of Customs to give a personal hearing to the CHA and pass a speaking order under Regulation 21(2) of the CHA Regulations on the question whether the suspension of the licence should continue or not. Following the ratio of the above order, we direct that the Commissioner should act in accordance with the direction contained in paragraph 5.4 of the Larger Bench decision cited supra. The appeal is disposed of accordingly.
(Dictated in Court)