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2016 (11) TMI 850 - AT - CustomsDebarring of CHA from undertaking any customs work in the said Custom House - contravention of Customs Brokers Licensing Regulations - Held that: - the preliminary objection taken by learned D.R. that no appeal lies against the administrative order is incorrect inasmuch as the letter issued by the office of the Principal Commissioner of Customs specifically refers to the show-cause notice issued by DRI and also the inquiry conducted against M/s. DVS under CBLR which would amount that the activity of debarring appellant is in respect of provisions of Customs Act and Rules & Regulations made thereof. In our view this is not an administrative order but an order which is appealable before the Tribunal. Reliance placed on the decision of the case of Krishna Hirlekar [1995 (10) TMI 171 - CEGAT, BOMBAY] where it was held that the proceedings resulting in the passing of the impugned order were mainly against the CHA as per the CHA Regulations. These regulations do not contemplate debarring of the employees under any provisions of the Regulations. The employee of the CH Agents firm are issued with identity passes by the Asst. Collector and cancellation of any identity passes was not the issue before the Collector. Moreover both these appellants were neither party to the proceedings in terms of the Custom House Agents Regulations, nor were they issued notices, proposing revocation of their passes. Hence the order contained in Para 23 adversely affecting these two appellants has been passed in gross violation of the principles of natural justice and is also not falling within the purview of the proceedings under CHA Regulations against the CHA firm. The impugned order is unsustainable and set aside the same with direction to the Principal Commissioner of Customs that the licence of the appellant be restored and he be permitted to conduct the activity as a Customs Broker in the New Customs House, Mumbai - appeal allowed - decided in favor of appellant.
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