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TMI Blog2003 (7) TMI 456X X X X Extracts X X X X X X X X Extracts X X X X ..... per : Archana Wadhwa, Member (J)]. - The prayer in the Miscellaneous Application is for condonation of delay of one hundred and three days in filing the appeal against a letter dated 2-8-02 written by the Deputy Commissioner, Shillong, informing the applicant/appellant who is a Customs House Clearing Agent that Commissioner of Customs, Shillong, has considered the application for renewal o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13-2-03. 3. Shri K.K. Bhattacharya, learned Consultant for the applicant/appellant submits that after the receipt of the above communication from the Deputy Commissioner, the applicant/appellant wrote a letter to the Commissioner intimating that the original licence issued to them for a period of three years, should have been issued for a period of five years, as per the provisions of CHA Li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of C.C. Ex., Bombay v. Raptakos Brett & Co. Ltd. (CEGAT - Bombay) reported in 2001 (130) E.L.T. 603 (T) = 2000 (40) RLT 492, the Tribunal held that the letter issued by the Joint Commissioner communicating Commissioner's Orders for non-consideration of the Renewal Application of CHA Licence, is not appealable as it is not an Order passed by the Commissioner as an adjudicating authority. Shri Mish ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... given by the applicant/appellant. We also note that the Tribunal has already held in the above referred matter that such type of communication rejecting the request for renewal of the licence, cannot be considered as appealable order before the Tribunal.
In view of the foregoing, we reject the Miscellaneous Application as also the appeal filed by the applicant/appellant. X X X X Extracts X X X X X X X X Extracts X X X X
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