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2011 (7) TMI 935

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..... er Regulation 21 to issue an order prohibiting a CHA from working in one or more sections of the Customs House. “More sections” can include all sections - Appeal is rejected - C/388/2010 - 752/2011 - Dated:- 7-7-2011 - Ms. Jyoti Balasundaram, Dr. Chittaranjan Satapathy, JJ. Shri S. Murugappan, Advocate, for the Appellant. Shri Parmod Kumar, SDR, for the Respondent. [Order per : Jyot .....

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..... under which the impugned order has been issued, reads as under :- Prohibition Notwithstanding anything contained in Regulation 22, the Commissioner of Customs may prohibit any Customs House Agent from working in one or more sections of the Customs Station, if he is satisfied that such Customs House Agent has not fulfilled his obligations as laid down under Regulation 13 in relation to work in .....

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..... ntire Customs House. As regards post-decisional hearing, we find that Regulation 21 does not incorporate such requirement, unlike Regulation 20(3) of the CHALR, 2004. Reliance placed by the learned counsel for the CHA on the Larger Bench decision in Freightwings and Travels Ltd v. Commissioner of Customs, Mumbai [2001 (129) E.L.T. 226 (Tri.-LB)] directing post-decisional hearing subsequent to the .....

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