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2012 (5) TMI 275 - AT - CustomsSuspension of CHA licence - Regulation 20(2) of the 2004 Regulation - Board s circular dt. 18.4.2010 - period of limitation of 15 days or 30 days - contradiction in circular and regulations - held that:- This appears to be an internal guideline issued by the Board. - this instruction contained in the circular is not part of the Regulation made by the Board. The statute has authorized the Board to make Regulations and the Regulations so made have statutory force. The instructions issued over and above the Regulations cannot be put on the same footing as statutory regulations nor would it be proper for the Tribunal to grant relief treating the instructions to be statutory Regulations which they are not. As such, when the impugned suspension order has been issued within the time limit of 15 days prescribed under the Regulation, the required post-decisional hearing has also been granted by the Commissioner on 28.10.2011, and necessary order for continuing the order of suspension has been passed on 11.11.2011, it is not legally possible nor it is desirable for the Tribunal to set aside the impugned suspension order. - Decided against CHA.
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