ORDER
S.S. Sekhon, Member (T)
1. After hearing both sides and on considering the material & facts in this appeal it is found-
a) For an alleged act of misdemeanour on certain Shipping Bills filed in the Air Cargo Delhi showing the name of the appellant, a Custom House Agent licensed by Mumbai Custom House, having a branch office in Delhi, the licence has been ordered to be suspended vide order dated 21.04.05 by Commissioner of Customs Mumbai. The Shipping Bills were filed on 18.12.01. The delay in the period between the filling of Shipping Bills or & recording of statements on 20.10.04 and 13.12.04 the CEO & Directions of the appellant at Delhi, and the suspension is not satisfactory explained. The mere fact of the address at Delhi being doubted to be genuine will not ipso facto call for a suspension.
b) In view of the absence of a nexus between the alleged act of a misdemeanour and the date of suspension, the suspension, especially of the Business of the appellant allover India would be positive action taken, even before the misdemeanour if any, is consequently established, since it is claimed before us that the Shipping Bills were not a job entrusted or and effected by this licencee.
c) Following the settled position in law, that suspension cannot be resorted as a positive act and no satisfactory reasons appear to call for such belated suspension on 21.04.05 this suspension is required to be revoked & set aside following the decisions related upon of the Ld. Advocate is one of Swan Agency (P) Ltd 2003 (155) ELT 545 & Kunal Trade 2005 (180) ELT 345.
2.1 Before parting with this case we would like to clarify that revocation of the suspension will not in any manner effect the inquiries under Customs House Agents licensing regulations and on other provisions of the Customs Act 1962 which may be under way. Those inquiries shall proceed & be brought to their logical conclusions.
2.2 This appeal disposed off accordingly. Order to be served Dasti to Ld. Advocate.