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2018 (11) TMI 314 - HC - CustomsMaintainability of appeal to Tribunal - Grant of CHA License - Regulations of 2004 were in force - Held that:- It is evident that appeals to the Tribunal are maintainable at the behest of “persons” who are aggrieved by any order of a Principal Commissioner or by Commissioner of Customs in her capacity as an “Adjudicating Authority”. It is important to underline this aspect because but for Regulation 21 even applicants who were declined a licence would not be able to avail of the remedy of appeal to CESTAT. Unless the controlling parent enactment is expressed – or by force of necessary implication, it can be inevitably interfered with the subject matter of a particular dispute, is appealable, appeals cannot be claimed as a matter of right - the order of the Commissioner was styled as an order-in-original or even that it mistakenly pointed to an appellate remedy under Section 129-A of the Customs Act, was not in any manner conclusive or whether such appeal was maintainable. This Court is therefore of the opinion that the CESTAT’s decision is sound and does not call for an interference. Appeal dismissed - decided against appellant.
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