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2015 (10) TMI 97 - CESTAT CHENNAI

2015 (10) TMI 97 - CESTAT CHENNAI - 2016 (341) E.L.T. 468 (Tri. - Chennai) - Denial of renewal of Customs Broker License - Held that:- When the appellant made application on 22.5.2014 before Customs for requesting for renewal the same was kept pending. We find that when the appellant filed writ petition and the Hon'ble High Court in their order directed the respondent i.e. Commissioner of Customs to consider their application on merits within four weeks. It is pertinent to see that it is only af .....

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nd issued in a routine manner communicating the Commissioner's decision of denial of renewal of licence. - Valid reason or any new grounds made out for denial for renewal of licence. Instead the same findings and allegations are made in para 3 to 5 of the OIO dt. 30.4.04 of revocation of licence were reproduced in the said order and based on this came to conclusion that CHA appellant's antecedents are not satisfactory. Once the order is stayed absolutely by Hon'ble High Court and court is ye .....

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JJ For the Petitioner : Shri Hari Radhakrishnan, Advocate For the Respondent : Ms. Indira Sisupal, AC (AR) ORDER Per R. Periasami The appellant filed the present appeal against letter F.No.R.96-CHA dt.13.2.2015 issued by the Asst. Commissioner of Customs (Customs Broker Section), Chennai communicating Commissioner of Customs order of denial of renewal of Customs Broker Licence. 2. Before admitting the appeal, the Bench dealt the issue on the maintainability of appeal against AC's letter and .....

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to periodical renewal of Customs Broker licence by the Competent Authority pending outcome of the Hon'ble High Court decision against revocation of licence. 4. Ld. Advocate submits that original CHA Licence was revoked vide OIO No.2152/2004 dt. 30.4.2004 which was challenged before Hon'ble High Court. The High Court in their order dt. 21.8.2006 in W.P.No.14269 granted absolute stay The final disposal of the writ petition is still pending before Hon'ble High Court. He submits that pen .....

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ms to dispose of their application dt. 22.5.2014 on merits. Thereafter, the Commissioner considered their representation and denied renewal of licence. He submits that no fresh ground has been made for denial and it was rejected only on the grounds that antecedents of customs broker was not found satisfactory. Ld. advocate submits that department in the impugned letter dt. 13.2.2015 has brought out the very same allegations as stated in OIO dt. 30.4.2014 issued for revocation of licence and the .....

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ew Delhi - 2003 (162) ELT 361 (Tri.-Del.) wherein the Tribunal directed the Commissioner to issue temporary working CHA licence. 5. On the other hand, Ld. A.R reiterates the order and submits that reasons for rejection of renewal are brought out in the order. She drew our attention to High Court order dt. 5.12.2014. 6. After hearing both sides, we find that appellant-CHA licence was revoked by Commissioner of Customs vide OIO dt. 30.4.2014 and the same has been stayed by the Hon'ble High Cou .....

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