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2009 (9) TMI 318 - HC - CustomsRevocation of licence- The petitioner is carrying on business and acting as licenced Customs House Agent (CHA), there are no allegations of any irregularities committed by the petitioner. by this petition the petitioner challenges the order dated 20th May 2009 passed by the Commissioner of Customs (General) cancelling the Custom House Agent (CHA) licence and further directing that since the licence was pending renewal when the order was passed, the revocation would be applicable as and when the licence became operational on account of the renewal. The petitioner also challenges the order dated 6th July 2009 passed by the Commissioner of Customs (General) rejecting the application of the petitioner for renewal of the CHA licence. Tribunal held that- for first ground-In our view, giving of the visiting card to respondent no. 2 was even assuming if amounted to misconduct was too insignificant a thing warranting cancellation of the licence or its refusal of its renewal. For second ground- the order imposing the fine of Rs.15 lakhs on Mr. Unnikrishnan by the adjudicating authority on which reliance has been placed in the impugned orders was set aside by the CESTAT by its decision rendered in Commissioner of Customs v. R.K. Tommer and other connected matters reported in Special leave petition filed has been filed against the order of the CESTAT. By the SLP the order of CESTAT has been set aside. High Court held that- in the event the order of the CESTAT is set aside, modified or stayed by the Supreme Court it would be open to the respondents to take appropriate action in accordance with law after giving opportunity of hearing to the petitioner.
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