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2018 (8) TMI 499 - AT - CustomsSuspension of CHA License - Rule 19 of Customs Broker License Regulation 2013 - Held that:- The appellant and Sh. Bajrang Lal Sharma are two separate legal entities. Since no proceedings were initiated against the appellant and there is no penalty or any other action proposed against the appellant and the adjudication process has already been completed without any penalty or any other action, there is no justification of continuation of the suspension of the licence of the appellant - the prayer of the appellant for revoking the suspension order dt. 11.05.2017 is granted and the suspension order is revoked. Prohibition Order - case of appellant is that order of prohibition dated 18.04.2017 had been passed without giving them any opportunity of being heard personally and an ex-parte order has been passed resulting in gross violation of principles of natural justice - Held that:- Since the appellant was not given any opportunity of being heard personally, it would be in the interest of justice if the matter relating to prohibition under regulation 23 is remanded back to the adjudicating authority to pass a fresh order after giving sufficient opportunity to the appellant to defend themselves - matter on remand. Appeal allowed in part and part matter on remand.
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