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2012 (6) TMI 54 - AT - CustomsRejection of application for renewal of license - Whether the appeal against the order of Commissioner of Customs for rejection under Regulation (11) of CHA 2004 would lie before the Tribunal – Held that:- There is a specific provision for filing of appeal to the Tribunal under Regulation, 23(8) against orders of suspension or rejection of license but there is no such provision in the case of rejection of renewal of license - the period of license is fixed under Regulation 12 and on expiry of the same license can be renewed under Regulation 11 - suspension/ revocation of licence and non-renewal of license are to be treated on different footings - right of appeal is a creature of statute and there being no provision under which a CHA could file appeal before this Tribunal against order rejecting the renewal application – on reading Regulation 9 with Regulation 11 even if an application for renewal is treated as a fresh licence, the Regulations permitted appeal only where an application is rejected under Regulation 9(3)and Regulation 11 does not so provide. Whether CHA may avail the remedy against the order of rejection of application for renewal of license under sub-regulation (5) of Regulation (9) of the said Regulation – Held that:- It is seen that when a fresh application for issuance of license is filed and the same stands rejected by the Commissioner, there is a specific provision for filing an appeal before the Chief Commissioner of Customs, in terms of clause 5 of Regulation 9 - The CHA license holder is at liberty to file an application before the Commissioner before the expiry of validity period for renewal of the license for a further period of ten years from the date of expiry- discrimination cannot be made on the ground that the application was for renewal of license and not for grant of fresh license.
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