TMI Blog2011 (4) TMI 188X X X X Extracts X X X X X X X X Extracts X X X X ..... customs authorities in the middle of January, 2011 were aware of the fact that the documents submitted by the petitioners were fabricated, however the impugned order has been passed belatedly on 28/3/2011 - Rule is made absolute in the above terms with no order as to costs - 694 OF 2011 - - - Dated:- 21-4-2011 - J.P. DEVADHAR, A.A. SAYED, JJ. Mr. Vikram Nankani with Naresh Thakkar, Advocates i/v. M.R. Baya for the petitioners. Mr. Pradeep S. Jetly for respondents JUDGMENT (PER J.P. DEVADHAR, J.) 1) Rule. Rule made returnable forthwith. By consent, the petition is taken up for final hearing. 2) The petitioners are aggrieved by the order dated 28/3/2011 passed by the Commissioner of Customs (General), CHA Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oils. In the second week of January, 2011 statements of the employees / director of the petitioner were recorded, wherein they have stated that the documents filed by them for re-export of the H.R. coils were received from the Chinese counterpart through a courier and that Ashwin Impex were not their client. 6) On the basis of the enquiry report, the CHA licence of the petitioners have been suspended under Regulation 20(2) by the impugned order dated 28/3/2011 inter alia on the ground that (a) totally disregarding the Rules / Regulations of re-export procedure, the petitioners had initially filed check-list for re-export wherein it was not mentioned that it is a case of re-export of shipment imported but not cleared (b) admittedly Ashwi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the check-list with the shipping bill filed by the petitioners no benefits were claimed on the basis of the goods to be exported (five) though the impugned order states that continuation of the CHA licence granted to the petitioners would be prejudicial to the interests of the revenue, the nature of the prejudice has not been set out in the order. 9) Apart from the above suspension of a CHA licence under Regulation 20(2) of the 2004 Regulation can be ordered where immediate action is necessary. In the present case, the customs authorities in the middle of January, 2011 were aware of the fact that the documents submitted by the petitioners were fabricated, however the impugned order has been passed belatedly on 28/3/2011. 10) Moreover, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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