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2014 (9) TMI 63 - AT - CustomsSuspension of CHA License - Regulation 20(2) of CHALR 2004 - Held that:- Department that report was received on 01.01.2013 to pass the suspension order dated 30.01.2013, Appellant pleads that when no order was passed under Regulation 20 (2) of CHALR 2004 within 15 days of receipt of the report, there is violation of the said Regulation, since 15 days time is stipulated by law on that behalf. According to appellant, the law laid down by Hon'ble High Court of Delhi in the case of Schankar Clearing & Forwarding vs. C.C. (Import & General) reported in [2012 (8) TMI 760 - DELHI HIGH COURT] was not followed by respondent Revenue. The report of investigating agency dated 09.03.2011 resulted in adhoc suspension of the CHA on 10.10.2011. There after, power under Regulation 20(2) was exercised to pass the order dated 24.01.2012 which was post decisional hearing order. The appellant in that case came to Tribunal against order dated 24.01.2012 with grievance of violation of the Regulations of CHALR 2004. Against order of dismissal of appeal by Tribunal, Hon'ble High Court held that both the orders i.e. order dated 10.10.2011 and 24.01.2012 were unsustainable being contrary the provisions to CHALR 2004 and those orders were set aside. The authority was allowed liberty to proceed with the enquiry and pass any order in accordance with law after granting opportunity to the appellant following procedure of law in that case. - Decided in favour of CHA.
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