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2014 (7) TMI 729 - HC - CustomsSuspension of the licence of the petitioner as custom broker - petitioner directed to surrender the licence when appeal is pending before the tribunal - allegation that the petitioner firm has aided/abetted the importers in evasion of duty - Held that:- the alleged incident took place during the year 2011 for which action has been proposed during 2013. The respondent has issued a show cause notice on 23.10.2013 in which it was proposed to impose penalty. The petitioner submitted his explanation on 18.11.2013 and thereafter, the licence of the petitioner was suspended on 06.01.2014. Thereafter, by the impugned order dated 19.02.2014, the suspension was ordered to continue. With the above facts, at this stage, this Court cannot go in to the question as to whether the impugned order has been validly passed or not especially when the petitioner has filed an appeal before the appellate authority, which alone is competent to go in to the question as to the validity of the order dated 19.02.2014. Therefore, without going into the validity of the impugned order dated 19.02.2014, especially when the statutory appeal filed by the petitioner is pending before the Appellate Tribunal, this Court is of the view that the impugned order dated 19.02.2014 shall be stayed till such time the appellate Tribunal take up the appeal and decide the appeal on its own merits. - Decided in favor of petitioner.
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