TMI Blog2006 (2) TMI 306X X X X Extracts X X X X X X X X Extracts X X X X ..... king to enable the holder, whose licence has been suspended, to know the reasons to why the suspension was called for. This order devoid of reasons cannot be upheld on grounds as urged by the ld. DR. Since there has been a delay in ordering the suspension of the licence and that delay has not been satisfactorily explained and no reasons for the suspension appear in the order, the prayer of the applicant that he his family has no other means of livelihood other than the business as CHA License holder induces us to conclude that we cannot uphold the suspension of the licence. The suspension order is therefore vacated. We make it abundantly clear that any observation on this suspension order will not deter the Commissioner from conducting deta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estigation is in progress: And whereas an inquiry is contemplated against the said CHA under Regulation 22 of the CHA Licensing Regulations (CHALR, 2004 and the continuance of the said CHA, namely. M/s. International Shipping Agency, CHA No 11/1107 in transacting business in the Customs stations pending such inquiry is considered a grave risk to revenue and prejudicial to the said inquiry, and immediate action is warranted to prevent further misuse of the CHA license. Now, therefore, I.N. Sasidharan, Commissioner of Customs (Gen) in exercise of powers conferred under Regulation 20(2) of the CHALR 2004, suspend the CHA Licence No. 11/1107 held by M/s. International Shipping Agency, with immediate effect. 3. This order of suspension of the CH ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the date of the alleged violation or its detection/knowledge has to be explained satisfactorily. Absence of reasons and tardy attitude will be fatal to an order of suspension. The reliance of the ld. Advocate on various decisions (i) M/s. Kothari Sons v. Commissioner of Customs, Jaipur Final Order No. A/818/2000-NB, dated 18-9-2000 - 2000 (122) E.L.T. 828 (T) (ii) M/s. K.P.S. Co. v. Commissioner of Customs, Madras Final Order No. 1763/2000 dated 8-12-2000 - 2001 (129) E.L.T. 128 (T) (iii) M/s. Varun Forwarders v. Commissioner of Customs, Mumbai Final Order No. 99/2001/WZB/C-1, dated 16-1-2001 - 2001 (129) E.L.T. 384 (T) (iv) M/s. D.H. Patkar Co. v. Commissioner of Customs (G), Mumbai Final Order No. 1644/2002/WZB/C-1, dated 11-6-2002 - 2002 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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