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2015 (3) TMI 1071 - AT - CustomsDenial of CHA License - Held that:- When, in response to a newspaper advertisement and PN 44/2001 dt. 28/02/2001, appellant had applied for temporary CHA licence, their Clerk Shri Joseph Francis was qualified to get a licence because (i) of his 5 year experience in Customs House Work and (ii) of his possessing a permanent ID Card. Customs Department did not take any action till 30/06/2001 on which date the G-Card issued to Shri Joseph Francis had expired. In the meantime Shri Joseph Francis had temporarily joined another licensed CHA M/s. Capithan Agencies and obtained a G-Card No.8/06 which was valid till 09/06/2007. The respondent had rejected the application for issue of temporary CHA licence on the grounds that (i) the delay in processing the application was because of a direction issued by the High Court of Kerala, (ii) Shri Joseph Francis did not possess a valid G-Card, at the time of processing the application and (iii) Shri Joseph Francis had, at the time of processing the application, obtained a valid G-Card showing his employment with Capithan Agencies. - facts are covered by the precedent decision of the Tribunal [2008 (4) TMI 55 - CESTAT, NEW DELHI] against the applicant - Decided against appellant.
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