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2015 (3) TMI 418 - CESTAT NEW DELHISuspension of CHA licence - Regulation 20(2) of CHALR, 2004 - negligence of the CHA in respect of the goods exported from Mumbai - Held that:- Enquiry was made as to the involvement of the appellant to find out whether he had any exclusive knowledge or special knowledge of attempt to export of the goods through M/s. A.S. Exports, Mumbai. Materials on record do not suggest active involvement of the appellant to conclude that offence was committed by appellant. Therefore before completion of the proceedings under Regulation 22 of CHALR, 2004 any opinion by Tribunal would result in miscarriage of justice. It is apparent from the record that two years have expired from the order of suspension under Regulation 20 (2) of CHALR, 2004. Proceedings under Regulations 22 of CHALR, 2004 has already commenced. Looking into the time already expired, it would be appropriate to set aside the order dated 27.07.2012 till conclusion of the proceedings under Regulation 22 of CHALR, 2004 - Decided in favour of assessee.
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