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2016 (3) TMI 605 - AT - CustomsValidity of Commissioner's order - Revokation of CHA licence - Violation of clear procedure under Regulation 20 and mandated procedure under Regulation 22 - Held that: there was no notice contemplated under Regulation 22(1) or the nomination of enquiry authority as specified therein, ever emanated from the respondent, who is the jurisdictional Commissioner. Also the inquiry report dated 20.09.2012 by Shri KGVN Surya Teja, Dy Commissioner of Customs, SUB, Mumbai was wholly unauthorised as the respondent admittedly did not nominate him as the enquiry officer. It is this enquiry report which formed the basis for Notice dated 07.11.2012 issued by the respondent and this notice is one clearly falling within the ambit of Regulation 22(6) and not 22(1). Therefore, the order is invalid, as there is a clear and fatal violation of the clear procedure mandated for revocation of the appellant's licence authorised under Regulation 20, qua the mandated procedure under Regulation 22. - Decided in favour of appellant
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