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M/s Universal Clearing And Forwarding Agency Versus Commissioner of Customs (Airport And Admin) , Kolkata

2015 (10) TMI 760 - CESTAT KOLKATA

Failure to fulfil obligation of Custom Broker – Suspension of broking license – Applicant-CHA filed 11 Bills of entry for clearance of goods for importer-describing said goods as "Silicon Electrical Steel Strips/scrap originated from old and used dismantled transformer" under Tariff item 72044900 – It however, appeared to Department that impugned goods are used silicon electrical steel strips, being cleared under guise of scrap –appellant CHA failed to advise importer to obtain license or author .....

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ate his business as Customs broker since his license was suspended – In view of peculiar circumstances, it is appropriate to stay order of suspension – Accordingly, order is stayed. - Stay Petition No.76816/2014, Customs Appeal No. 76641/2014 - Dated:- 14-5-2015 - D M Misra, Member (J) And I P Lal, Member (T),JJ. For the Appellant : Sri Arijit Chakraborty & Sri D Banerjee, Advs. For the Respondent : Shri S P Pal, Appraiser (AR) ORDER Per: I P Lal: This is an application filed seeking stay of .....

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uctta High Court by filing writ No. 1219 of 2014; also they have challenged the vires of regulation 18 and 20 CBLR. The said petition is pending disposal. The Ld. A.R. for Revenue submitted that the matter before this Tribunal and the Calcutta High Court are on the same set of facts in as much as the petitioner has challenged the revocation proceedings before the High Court. Under these circumstances, the Appellant was directed to obtain appropriate orders from Hon'ble High Court so as to en .....

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rical Steel Strips/scrap originated from old and used dismantled transformer" under Tariff item 72044900 of the first schedule of CTA, 1975. Clearance of the said goods was sought as scrap. It however, appeared to the Department that the impugned goods are the used silicon electrical steel strips, being cleared under the guise of scrap. Import of the old and used steel strips is not permitted under the provisions of para 2.17 of the FTP "2009-14" and CBEC instructions issued under .....

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CHA has violated the obligation put on him under regulation 11 (d) of CBLR 2013. Consequently, the license of the applicant was suspended and after giving the post decisional hearing, the suspension was confirmed. 4. Shri Arijit Chakraborty, has submitted that involving similar goods, in case of other importers this Tribunal has remanded the case for re-examination of the imported goods. He submits that the Hon'ble High Court in its order dated 04.03.2015 has recorded the finding that the i .....

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