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TMI Blog2011 (6) TMI 534X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent. [Order per : Mathew John, Member (T)]. - The Appellant is a Custom House Agent whose licence was suspended on 19-7-2010. A post-decisional hearing was given on 11-8-2010 and the suspension was confirmed by the Commissioner of Customs vide order dated 25-10-2010. Aggrieved by the said order, the Appellant has filed this Appeal. The main charge against the Appellant is summarised in par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be sold or otherwise transferred." "17. It is also fact that the CHA M/s. Shiva Logistics Pvt. Ltd. had wilfully with mala fide intention, colluded with Shri Khaled Ashraf Begawala, for clearing the consignments of overvalued exports in respect of the tainted IEC holders, through one Krishna Kumar Garg, representative from M/s. Shiva Logistic Pvt. Ltd. and Shri Rahul, an agent of Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The Appellant submit that the licence holder was not aware of the slip ups that were happening in their Mumbai office. As soon as the matter was known those persons were terminated from their services. The Appellant submits that the licence has been suspended for the last ten months, but no final notice as envisaged by Board's Circular 9/2010 dated 8-4-2010 has been issued. Since the licence is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is allowed to function as a CHA. 4. Considered arguments on both the sides. 5. The Board has laid down norms regarding time frame for completing proceedings against CHA vide Circular No. 9/2010 dated 8-4-2010. As per this, the final notice, disclosing all the evidence appearing against the CHA, should be issued within nine months from the date on which the incident is reported to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or to the suspension and place the list before the Commissioner of Customs where the Appellant wants to do such business. The Commissioner concerned will scrutinise such list and approve the names as per guidelines above. During the pendency of the matter, the Appellant is also directed not to take on any work at any other customs location. Suspension order is modified accordingly. Stay petition a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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