Page 174 - ELT_1st July 2020_Vol 373_Part 1

84 EXCISE LAW TIMES [ Vol. 373

the Government or received from him in excess of Governmental or other
charges payable in respect of the clearance of cargo or baggage on behalf of
the client;
(h) not procure or attempt to procure directly or indirectly, infor-
mation from the Government records or other Government sources of any
kind to which access is not granted by the proper officer;
(i) not attempt to influence the conduct of any official of the Cus-
toms Station in any matter pending before such official or his subordinates
by the use of threat, false accusation, duress or the offer of any special in-
ducement or promise of advantage or by the bestowing of any gift or fa-
vour or other thing of value;
(j) not refuse access to, conceal, remove or destroy the whole or any
part of any book, paper or other record, relating to his transactions as a
Customs House Agent which is sought or may be sought by the Commis-
sioner of Customs;
(k) maintain records and accounts in such form and manner as may
be directed from time to time by a Deputy Commissioner of Customs or
Assistant Commissioner of Customs and submit them for inspection to the
said Deputy Commissioner of Customs or Assistant Commissioner of Cus-
toms or an officer authorised by him whenever required;
(l) ensure that all documents, such as bills of entry and shipping bills
delivered in the Customs Station by him show the name of the importer or
exporter, as the case may be, and the name of the Customs House Agent,
prominently at the top of such documents;
(m) in the event of the licence granted to him being lost, immediate-
ly report the fact to the Commissioner of Customs;
(n) ensure that he discharges his duties as Customs House Agent
with utmost speed and efficiency and without avoidable delay.
(o) verify antecedent, correctness of Importer Exporter Code (IEC)
Number, identity of his client and functioning of his client at the declared
address by using reliable, independent, authentic documents, data or in-
formation.”
10. Regulation 20 speaks about the suspension or revocation of licence
and Regulation 22 provides for the procedure for suspending or revoking licence
under Regulation 20. Sub-regulation (7) of Regulation 22 reads thus :
“(7) The Commissioner of Customs shall, after considering the report of
the inquiry and the representation thereon, if any, made by the Customs
House Agent, pass such orders as he deems fit within ninety days from the
date of submission of the report by the Deputy Commissioner of Customs
or Assistant Commissioner of Customs, under sub-regulation (5).”
11. Here in the case in hand, even though the licence of the respondent
was originally suspended for some time, subsequently the suspension was re-
voked for a different reason, subsequently the adjudication process commenced
by issuance of show cause notice, dated 15-5-2007 and after adjudication, the fi-
nal order, i.e., Order-in-Original was passed on 28-5-2012, of course under sub-
regulation (7) of Regulation 22.
12. No doubt sub-regulation (7) of Regulation 22 provides the discre-
tion to Commissioner of Customs to pass such orders as he deems fit. What kind
of orders can be passed in case of proven misconduct, i.e., violation of the Regu-
lation itself, has been provided in sub-regulation 1 of Regulation 20, which reads
thus :

EXCISE LAW TIMES  1st July 2020  174