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2014 (2) TMI 1016 - AT - CustomsImmediate Suspension of CHA License - habitual offender - Regulation 20 of the Customs House Agents Licensing Regulations, 2004 - Time for issuance of Suspension notice - Misdeclaration of the value of artificial leather cloth imported - Forgery of the signatures of officers of the CHA company during the course of clearance of imported goods under DEPB - Held that:- the allegation that the appellant is a habitual offender, on the basis of the order of revocation of their CHA licence on 18-8-2006 has already been set aside by this Tribunal and the same has been confirmed by the Hon’ble High Court of Bombay vide order dated 8-2-2012, is not sustainable. Impugned order has been filed within 15 days as prescribed in Regulation 20(2), as the offence report was received by the Commissioner on 5-11-2012 and the order of suspension was passed on 15-11-2012. Therefore, the same is within time - investigation is going on and the grounds on which the licence has been suspended are not sustainable as the appellant is neither a habitual offender. The statement of Shri Vishal Madan cannot be relied upon at this stage. Further, the fact that the appellant has filed an application for inclusion of the names of Shri Surendra Pandey and Shri Nagendra Pandey as Directors and police verification has been conducted has not been denied. Therefore, the order of suspension of the CHA Licence No. 11/273 under Regulation 20(2) is not sustainable and accordingly the same itself is set aside - respondent is directed to revoke the suspension of CHA Licence - Decided in favour of appellant.
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