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2019 (10) TMI 1288 - AT - CustomsSuspension of CHA License - exporter had not filed BRCs against their draw back claim - HELD THAT:- The suspension have been made by way of interim measure for alleged misgivings and/or or inaction on the part of the appellant for imports in the year 2015, almost after four years and as such interim suspension, pending enquiry is not warranted. The ruling of the Hon’ble Bombay High Court in the case of COMMISSIONER OF CUSTOMS VERSUS NATIONAL SHIPPING AGENCY [2008 (1) TMI 400 - HIGH COURT OF JUDICATURE AT BOMBAY], wherein the Hon’ble High Court have noted that the power to suspend as an interim measure is to be used in those cases, where it is required that the Customs Broker Licence be immediately suspended - In the instant case, the alleged violation was of the year 2015 and the order of suspension has been issued in 2019, itself indicates that there is no emergency which requires that the licence be suspended. It is therefore ordered that the continuation of the suspension of the appellant’s CHA firm vide the impugned order is set aside. The Principal Commissioner of Customs (Preventive) is directed to complete the enquiry proceedings expeditiously preferably within a period of six months from the date of receipt of a copy of this order. The appellant CHA/CB firm is entitled to carry on its business as Customs House Agents/Customs Broker with immediate effect. Appeal allowed.
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