TMI Blog2011 (10) TMI 323X X X X Extracts X X X X X X X X Extracts X X X X ..... his issue is finally decided, revocation of suspension will not be considered. Since it is a question of operation of company, early hearing was granted. - C/417/2011 - - - Dated:- 5-10-2011 - MR. B.S.V. MURTHY, J. Represented by: Shri C. Subbareddy, Adv. for Assessee. Shri R.Srova, JDR for the Revenue. Per: Mr.B.S.V. Murthy: The appellant is seeking condonation of delay of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d only in this business and has no other business. Further, he also submits that consignment was Console Cargo and therefore proper procedure was to transfer it to cargo complex for clearance through CHA.Further, he also submits that the requirement of Para 6.2 of Public Notice No.16/2008, dt.10.7.08 was not fulfilled in this case since the packages did not contain the lables of the company, which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard to claim the ownership of the goods. None of the consignees could be traced out. This resulted in treating the appellant company as owner of the goods since they were not able to show principals for whom they were acting as an agent. Under these circumstances, the appellant has not been able to make out a prima facie case in their favour. However, according to Section 129E of Customs Act, 1962 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed and stay is granted. 8. The appellant has sought early hearing of the appeal filed on the ground that licence is under suspension for last 3 years and unless this issue is finally decided, revocation of suspension will not be considered. Since it is a question of operation of company, this is a fit case for grant of early hearing. Accordingly, application for early hearing is allowed. Since ..... X X X X Extracts X X X X X X X X Extracts X X X X
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