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2018 (5) TMI 521 - AT - CustomsSuspension of CHA License - it was claimed that there was no urgency in the matter for suspending the license of the Customs broker, as the Principal Commissioner has waited for suspending the licence from 27/09/2017 till 08/03/2018 - Held that: - the Commissioner of Customs may in appropriate cases, where immediate action is necessary suspending the licence of a Customs Broker is not mandatory in each and every case, even though, the proceedings under CBLR, 2013 are undergoing by the Commissioner of Customs. Secondly, the suspension can be made only in appropriate cases, where immediate action is necessary. The case is related to import for which the Bill of Entry was filed in March 2017 for which a show-cause notice under Customs Act was issued in September 2017, if at all there was necessity to suspend the licence, the department should have taken action immediately after detection of the case, which was not done so in this case and the department waited for more than six months - thus, there was no immediate requirement of suspension of the licence. The order suspending the Customs Broker licence is set aside - appeal allowed - decided in favor of appellant.
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