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2010 (12) TMI 1131 - CESTAT MUMBAISuspension of CHA licence - certain violations noticed on the part of the CHA in connection with the filing of 10 shipping bills, all of which were filed in December, 2008, some on behalf of one exporter and the rest on behalf of another exporter - Held that: - we reject the proposition that the action taken by the Commissioner under Regulation 20(2) is an administrative action. A Larger Bench of this Tribunal had held long ago that the suspension of CHA licence by a Commissioner of Customs (licensing authority), pending investigations against the CHA, was an action with civil consequences for the CHA and hence of a quasi-judicial nature. The larger bench also held that a CHA, whose licence was suspended with immediate effect without hearing, was to be given post-decisional hearing in accordance with the rule of natural justice. It is this view which was accepted by the legislative authority and incorporated in Regulation 20 through the amendment under reference. Therefore, it cannot be gainsaid that the suspension order of the Commissioner is a quasi-judicial product rather than administrative - application allowed - decided in favor of applicant.
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