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2015 (8) TMI 627 - HC - CustomsProhibition to work as CHA Non-payment of Duty Non-compliance of Regulation, 2004 Goods were cleared, however, importer had not paid duty and therefore, respondent No. 2 issued show cause notice to importer as well as Custom House Agent-petitioner By impugned order of respondent No.2, petitioner was prohibited to work as Customs House Agent under regulation 21 of Regulations, 2004 Held that:- admittedly applicability of penalty under Section 114A of Customs Act, 1962 was pending before authority for adjudication If regulation 13(d) and 13(e) were perused, question with regard to alleged breach of obligations by petitioner was pending before authority pursuant to show cause notice and which is yet not been finalized Impugned order was passed and petitioner was prohibited to work as Customs House Agent It was expected from authority that before passing of such type of orders, citizen should be heard even if there were no specific provisions under Regulations Citizen cannot be denied his rights to carry out his business for indefinite period on those grounds and on same set of facts when proceedings were going on before same authority Hence, petition was required to be allowed Impugned order prohibiting work hereby quash Decided in favour of Petitioner.
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