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2019 (3) TMI 1527 - CESTAT MUMBAISuspension of CHA License - the appellant had forfeited his right of challenge by not seeking appellate remedies when the tentative order of suspension under regulation 19(1) of Customs Broker Licensing Regulation, 2013 was served on them - Held that:- It would have been impossible for the appellant to challenge the prima facie order of suspension as he was yet to be granted an opportunity to be heard; it is only upon confirmation of the order of suspension that an appeal would lie. The contention of Learned Authorised Representative is not acceptable. The need for immediate action, which is a necessary pre-requisite for invocation of regulation 19 of Customs Broker Licensing Regulation, 2013, was a figment for visiting this detriment on the appellant without justifiable cause - It was patently incorrect on the part of the competent authority to consider this to be a ground for suspension, and more so, as suspension is a preliminary for revocation and revocation is a consequence of circumstances enumerated in regulation 18 of Customs Broker Licensing Regulation, 2018. There has been a perverse resort to the statutory powers without the competence to do so. Such whimsical action is deplorable. The order of suspension is revoked.
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