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2018 (4) TMI 684 - AT - CustomsSuspension of CHA license - time limitation - Held that: - from the stage of initiation of the investigation, till the issue of suspension order, substantial period was lapsed, which itself establish that there was no emergency to suspend the license immediately. Therefore, the suspension of license is not necessary - The very fact in that case was that the alleged violation is of year 2005 as the import had taken place in Sept, 2005 and order of suspension was issued on 30.10.2006, which indicated that there was no emergency, which required license to be suspended. The Hon’ble Bombay High Court in the case of National Shipping Agency [2006 (2) TMI 306 - CESTAT, MUMBAI] held that power of suspension is emergent power to be used in those cases where it is required that CHA license to be immediately suspended. Appeal allowed - decided in favor of appellant.
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