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2017 (10) TMI 702 - HC - Central ExciseGrant of new CHA license - application for grant of new custom brokers license rejected on the ground that condition specified in clause (e) of the Regulation 5 is not satisfied - Held that: - If the Applicant, who applies for a license has been convicted by a competent Court for the offences provided in any of the said three enactments, the disqualification in clause (d) will be applicable. If a Criminal Proceeding is pending in which the Applicant is being prosecuted for any such offences, it will also operate as a disqualification under Clause (d). Clause (e) uses the word “penalized” as distinguished from the word “convicted” in clause (d) - Clause (e) will apply when the Applicant who applies for license has been penalised by imposing penalty for any act or omission which attracts imposition of penalty under the said Act, the Central Excise Act, 1944 and the Finance Act, 1994 - the disqualification Clause (d) uses the word “convicted” as distinguished from Clause (e), which uses the word “penalised”. In the facts of the present case, it is an admitted position that an penalty has been imposed on the Petitioners and the order imposing penalty has not been challenged by the Petitioners. Therefore, there is no merit in the challenge to the order passed by the licensing authority rejecting the application for grant of license. Petition dismissed - decided against petitioner.
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