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2011 (4) TMI 903 - CESTAT, MUMBAISuspension of CHA licences - Stay application - Held that:- CHA (appellant) allowed the licence to be used by another firm viz., M/s D.J. International, in breach of Regulation 12 of the CHALR stands established. Equally established is the charge that the appellant allowed the subject consignments to be handled without written authorization of the importer. The conduct of the appellant also led to contravention of Regulations 13 (d), 13 (n) and 19 (8) of the CHALR. Therefore, revocation of the licence and forfeiture of the security deposit cannot be faulted in principle. Considering the gravity of offence found against the appellant in subletting of the CHA licence & assessee's submission that they have already suffered a lot over the said period on account of suspension/revocation of this licence & their employees have also gone without livelihood over the period the view that the appellant is not entitled to instant restoration of the licence and has to go without it for a further period of one year from the date of receipt of a certified copy of this order. The forfeiture of security deposit shall stand upheld. Thus upon expiry of the said period of one year, the appellant will be entitled to get the CHA licence restored to them against fresh security deposit.
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