Home Case Index All Cases Customs Customs + HC Customs - 2020 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (3) TMI 1219 - CALCUTTA HIGH COURTSuspension of CHA License - mis-description of the goods or the erroneous classification of the goods - By the judgment and order impugned dated December 15, 2017, the writ petition was allowed since the very basis of the order of suspension had been destroyed upon the order of adjudication of September 12, 2017 being set aside qua the first respondent by the appellate order of October 26, 2017 - HELD THAT:- As of date, the prejudice caused by the original order of adjudication of September 12, 2017 has been wiped clean as against the agent. In such scenario, no reasonable authority could have suspended the licence of the agent or instituted proceedings therefor without the order dated October 26, 2017 being challenged or without first having such order annulled. At any rate, the entire issue has now been resolved and at the level of the tribunal, it has been decided that the relevant goods in this case answered the description that was applied by the agent in this case and not as suggested by the department. In such circumstances, nothing remains of the matter except the compensation that can be claimed by the agent for its licence effectively remaining suspended for more than two years while the appeal was pending. The judgment and order impugned dated December 15, 2017 do not call for any interference. The agent will be entitled to function as such, subject to obtaining renewal or extension of its tenure in accordance with law - Application disposed off.
|