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2013 (4) TMI 257 - AT - CustomsSuspension of CHA Licence - The licence has been issued by the Commissioner of Customs (General), New Delhi and the same has been suspended by the Commissioner of Customs (General), Mumbai - Jurisdiction of commissioner - large scale of fraudulent exports of various types of fabrics wherein certain unscrupulous exporters have grossly overvalued their export goods so as to avail higher DEPB/Drawback benefit which otherwise are not admissible. - Held that:- In the case of International Shipping Agency (2011 (8) TMI 933 - CESTAT, MUMBAI ), the issue came up before this Tribunal where the CHA licence was issued by the Commissioner of Customs (General, New Delhi and the same was suspended by the Commissioner of Customs (General), Mumbai - In that case, the Commissioner of Customs (General), Mumbai, has no jurisdiction - Therefore, the impugned order was not sustainable and set aside. Following the decision in the case of Excel India Pvt. Ltd.(2008 (6) TMI 399 - CESTAT, MUMBAI ) - Held that:- we hold the Articles of Charges framed against the CHA had been proved as held by Commissioner. However, we find that the Commissioner has sought to revoke the licence under Regulation 22 by issuing a show cause notice but has prohibited the appellant from conducting business in Mumbai Custom House which cannot be considered as prohibiting the agent from working in a section or more sections of the Custom House. The Commissioner of Customs (General), Mumbai, has no jurisdiction to suspend the licence of the appellant, as the same has been issued by the Commissioner of Customs (General), New Delhi - Decided in favor of CHA.
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