9911796707
TMI Blog2008 (1) TMI 703X X X X Extracts X X X X X X X X Extracts X X X X ..... der per : S.S. Kang, Vice-President]. - Heard both sides. 2. The appellant filed this appeal against the order passed by the Commissioner of Customs whereby CHA licence of the appellant was suspended under Regulation 20(2) of the Customs House Agents Licensing Regulations, 2004. 3. The main contention of the appellant is that no notice was issued before passing suspension order. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learing (P) Ltd. v. CC reported in 2006 (198) E.L.T. 513 set aside the order of suspension. 5. The appellant also relied upon the various decisions of Hon'ble High Court where it has been held that suspension of licence is not sustainable because impugned order does not spell out that any immediate action was required to be taken in the matter nor the order indicate that such action was inde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ving notice the licence could be suspended. 8. The contention of the Revenue is that in this case the appellant signed the bill of entries which was subsequently found that the forged entry was made regarding payment of duty and whereby the goods were cleared by mentioning to fictitious DEPB licence numbers and signatures of the Custom officers were also forged. 9. We find that in this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to have been followed in the sense prior notice before suspension ought to be given cannot be sustained". 10. The Hon'ble Madras High Court in the case of Cargomar v. CCE (supra) had also taken the same view. In view of above decision of Hon'ble High Court we find no merit in the contention that notice is necessary before passing the order under Regulation 20(2). 11. Further, we find ..... X X X X Extracts X X X X X X X X Extracts X X X X
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