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2014 (8) TMI 174 - AT - CustomsSuspension of CHA license - Demand of additional security to issue fresh license - Held that:- The result of the Commissioner’s order is that the CHA would be entitled to perform CHA service after the period of suspension is over. However as already observed by us above, the security provided by the CHA has to be available with Government when the CHA is performing his obligation since the bank guarantee or security deposit is related with the activity of the appellant as a CHA. Therefore if no security is available because it has been forfeited in this case, Commissioner has to determine the amount of security payable. For determination he has to refer to the regulation. When he has to refer to the regulations, the only regulations available would be CBLR 2013. While renewal of a licence issued under the old CHALR and continuation of a person as a CHA under CBLR 2013 would be automatic even if no fresh licence is granted under CBLR (this is in view of the provisions of Section 159A of Customs Act 1962), the determination of security which becomes not available for any reasons has to be under new CBLR 2013 only. In fact if the Commissioner was to specifically order that appellant has to provide security deposit of ₹ 5 lakhs in the order itself in accordance with new CHALR 2013, it would have been difficult to contest the same. Just because the Commissioner did not mention it in the order, if the legal position requires the appellant to deposit the amount, which is the situation in this case, the revised security is to be deposited - There is no estoppel in law. Therefore in whatever manner we look at the issue, we cannot find fault with the view taken by the Commissioner that appellant has to deposit an additional amount of ₹ 4.25 lakhs for allowing him to continue his activity as a CHA. - ground taken by the appellant that requirement of additional security deposit has to be held as incorrect and suspension to be held as incorrect and therefore the suspension has to be revoked cannot be accepted - Decided against the appellant.
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